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 notice within the review period, the Employer shall be deemed to have given a notice of ‘no-objection’.

Sub-Clause 5.2.3 (Construction): The Contractor may modify any design or Contractor’s document which has previously been submitted for review by submitting a notice to the Employer with reasons. If the Contractor has commenced construction of the part of the Works to which such design or Contractor’s documents are relevant:

  • Work on this part shall be suspended,
  • the provisions of Sub-Clause 5.2.2 (Review by Employer) shall apply as if the Employer has submitted a notice under Sub-Clause 5.2.2(b), and
  • Work on this part shall not resume until a notice of no-objection is given or is deemed to have been given by the Employer for the revised documents.

Sub-Clause 5.4 (Technical Standards and Regulations): References in the Contract to published standards shall be the edition applicable on the base date unless stated otherwise. If changes or new applicable standards come into effect in the country after the base date, the Contractor shall promptly submit a notice to the Employer and, if appropriate, or requested by the Employer, submit proposals of compliance.

Sub-Clause 5.8 (Design Errors): If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the Contractor’s design and/or documents, they and the Works shall be corrected in accordance with Sub-Clause 7.5 (Defects and Rejection). If such Contractor’s documents were previously the subject of notice of no objection given by the Employer and the Sub-Clause 5.2.2 (Review by the Employer), then the provisions of such Sub-Clause 5.2.2 shall apply as if the Employer had given a notice that the Contractor’s document fails to comply with the Employer’s requirements under Sub-Clause 5.2.2.

Clause 6 – Labor

Sub-Clause 6.5 (Working Hours): The Contractor shall immediately submit a notice to the Employer with details if work is:

  • unavoidable,
  • necessary for the protection of life or property, or
  • for the safety of the Works

are to be carried out on locally recognized days of rest or outside the normal working hours.

Sub-Clause 6.12 (Key Personnel): If a key person is not named or fails to act, then the Contractor shall propose another person to the Employer for consent. If the Employer does not respond within 14 days after receiving any such submission by giving a notice stating an objection to the appointment of such persons or replacement with reasons, the Employer shall be deemed to have given consent.

This is the fifth in a multi-part series. Part one, a brief introduction to Notices under the FIDIC Silver Book can be read here, part two, covering objectives and errors can be read here, part three on Clauses 1-3 can be read here, and part four on Clause 4 can be read here. The next installment will cover Clauses 7 and 8.

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