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 covers notices in Clause 4 (The Contractor).

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 appointment of the Subcontractor stating:
• the intended commencement of the Subcontractor’s work with detailed particulars,
• the intended commencement of the Subcontractor’s work, and
• the intended commencement of the Subcontractor’s work on site.

Sub-Clause 4.5 (Nominated Subcontractors), in particular 4.5.1 (Objection to Nomination): The Contractor should raise any objection to the Employer-nominated Subcontractor whom the Employer instructs by giving a notice to the Employer within 14 days of receiving the Employer’s instruction. That objection shall be deemed reasonable unless the Employer agrees to indemnify the Contractor against and from the consequences of the matters detailed in Sub-Clause 4.5.

Events Where Notices are Applicable

Sub-Clause 4.5.3 (Evidence of Payment): If the Contractor failed to submit reasonable evidence that the nominated Subcontractor has received all amounts due, then the Employer may pay directly to the nominated Subcontractor and the Employer shall submit a notice to the Contractor stating the amount paid. This amount shall be included as a deduction in the next interim payment after this notice.

Sub-Clause 4.9.1 (Quality Management System): If the Contractor is required by the Contractor’s quality assurance certification to be subject to external audit, the Contractor shall immediately submit a notice to the Employer describing any failings identified in the external audit.

Sub-Clause 4.21 (Security of the Site): Authorized persons shall be limited to:

the Contractor’s personnel,
the Employer’s personnel, and
other personnel identified as authorized personnel by a notice from the Employer to the Contractor.

Sub-Clause 4.23 (Archaeological and Geological Findings): The Contractor shall, as soon as practicable after discovery of any such findings, submit a notice to the Employer in good time to give the Employer an opportunity to promptly inspect and or investigate the findings before it is disturbed.

Sub-Clause 4.16 (Transportation of Goods): Contractors shall submit a notice to the Employer not less than 21 days before the date on which any Plant or major item of other goods will be delivered to the site.

Sub-Clause 4.17 (Contractors Equipment): The Contractor shall submit a notice to the Employer of the date on which any major items of the Contractor’s equipment have been delivered to the site, within seven days of the delivery date with details. (Note: Sub-Clauses 4.16 and 4.17 should be considered together.)

This guest post was written by Mansoor Ali, FICCP and Jishma Joy. It is the fourth post in a multi-part series and was originally published as a LinkedIn video, viewable here.

Add comment Cancel reply

COMPANY

MEMBERSHIP

TYPES OF MEMBER

OTHER LINKS