October 25, 2022
Notices under FIDIC Red, Yellow, and Silver 2017 Editions Part 5
This is final post in a multi-part addendum to our previous series on notices under FIDIC Silver Book 2017. This post will focus on some major changes to Clauses 14-20 in the Red and Yellow Books. Sub-Clause 14.6.1 (Notice of Interim Payment) in the Silver Book states that within 28 days after receiving a statement and supporting documents, the Employer must give a notice to the Contractor stating the amount which the Employer fairly considers to be due for the interim payment. However, in the Red and Yellow Books, Sub-Clause 14.6.1 (Interim Payment Certificate) requires the Engineer, within 28 days after receiving a statement and supporting documents, to issue an Interim Payment Certificate to the Employer and provide a copy to the Contractor. Similarly, according to the Silver Book Sub-Clause 14.13 (Final Payment), within 28 days after receiving the final statement, the Employer shall give a notice to the Contractor. Whereas in the Red and Yellow Books, under Sub-Clause 14.13 (Issue…
October 18, 2022
Notices under FIDIC Red, Yellow, and Silver 2017 Editions Part 4
This is part 4 in a multi-part addendum to our previous series on notices under FIDIC Silver Book 2017. This post will focus on some major changes to Clause 12 in the Red and Yellow Books. Sub-Clause 12.1 (Works to be Measured) is a new notice in the Red Book. Whenever the Engineer requires the Works to be measured on Site or Records identified in specifications, he or she shall give a notice to the Contractor of not less than seven days with details. The Contractor’s representative (or a qualified representative) shall then attend at the time and place stated at the Engineer’s notice. Failure by the Contractor on the Engineer's notice will result in the Contractor being deemed to have accepted the measurement or records as accurate. However, if there is a disagreement after the Contractor’s timely attendance, the Contractor shall give a notice to the Engineers stating the reasons. If no such notice is given within 14 days, the Contractor shall be deemed to have accepted the…
October 11, 2022
Notices under FIDIC Red, Yellow, and Silver 2017 Editions Part 3
This is part 3 in a multi-part addendum to our previous series on notices under FIDIC Silver Book 2017. This post will focus on some major changes to Clauses 10 and 11 in the Red and Yellow Books. New Notice in the Red & Yellow Books In the Red and Yellow Books, under Sub-Clause 10.2 (Taking Over Parts), the Employer shall not use any part of the Works unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the works before the Taking-Over Certificate is issued, the Contractor shall give a notice to the Engineer identifying such part and describing such use. And the Contractor shall cease to be liable for the care of such parts and the Engineers should immediately issue a Taking-Over Certificate for this part. Any outstanding work to be completed and/or defects to be remedied shall be listed in the certificate. Under Sub-Clause 10.3 (Interference with Tests on Completion) in the Red and Yellow Books, if the…
October 4, 2022
Notices under FIDIC Red, Yellow, and Silver 2017 Editions Part 2
This is part 2 in a multi-part addendum to our previous series on notices under FIDIC Silver Book 2017. This post will focus on some major changes to Clauses 4 and 5 in the Red and Yellow Books. New Notices in the Red Book Other new notice provisions in the Red Book include Sub-Clause 4.4.2 (As-Built Records) and Sub-Clause 4.4.3 (Operation and Maintenance Manuals). Both the As-Built Records and Operation and Maintenance Manuals shall be submitted for review, and the work shall not be considered to be completed for the purpose of taking over until the Engineer has given (or is deemed to have given) a notice of No Objection under Sub-Clause 4.4.1 (Preparation and Review). New Notice in Red & Yellow Books In both the Red and Yellow Books, Sub-Clause 4.7.2 (Setting Out Errors), if the Contractor finds an error in any items of reference, he shall give a notice to the Engineer describing it: • within the period stated in the contract data (if not stated, 28 days) from the commencement…
September 27, 2022
Notices under FIDIC Red, Yellow, and Silver 2017 Editions Part 1
This is part 1 in a multi-part addendum to our previous series on notices under FIDIC Silver Book 2017. This and the next few posts will focus on some major changes to notices between the 2017 editions of the Silver Book compared to the Red and Yellow Books. This post will provide an overview. If a notice is received for an ambiguity or discrepancy in the documents, under Sub-Clause 1.5 (Priority of Documents) in the Silver Book, the Employer shall issue any necessary clarifications or instructions. However, this is the responsibility of the Engineer in the Red and Yellow Books. Whereas, if a notice is received for rectifying an error or defect in the documents prepared for use in the execution of the works, Sub-Clause 1.8 (Care and Supply of Documents) in both the Silver and Yellow Books states that the Contractor shall rectify the error or defect at his cost. However, it is the “other party” in the Red Book. According to Sub-Clause 2.5 (Site Data and Items of Reference), the…