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CLAUSE 2 - The Employer

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27 views1 page

CLAUSE 2 - The Employer

Uploaded by

Fakhar Abbas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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FIDIC RB 99

Clause 2 - The Employer

2.1 Right of Access to the Site


The Employer shall give the Contractor right of access to, and possession of, all parts of the Site
within the time stated in the Appendix to Tender. However, the Employer may withhold any such right
or possession until the Performance Security has been received.

If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any
such right or possession within such time, the Contractor shall give notice to the Engineer and shall
be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to EOT and/or Cost.

2.2 Permits, Licenses or Approvals


The Employer shall provide reasonable assistance to the Contractor at the request of the Contractor
for permits, licenses or approvals required by the Laws of the Country.

2.3 Employer’s Personnel


The Employer shall be responsible for ensuring that the Employer’s Personnel and the Employer’s
other contractors on the Site co-operate with the Contractor’s efforts under Sub-Clause 4.6 [Co-
operation].

2.4 Employer’s Financial Arrangements


The Employer shall submit, within 28 days after receiving any request from the Contractor, reasonable
evidence that financial arrangements have been made and are being maintained which will enable the
Employer to pay the Contract Price.

2.5 Employer’s Claims


If the Employer considers himself to be entitled to any payment under any Clause and/or to any
extension of the Defects Notification Period, the Employer or the Engineer shall give notice and
particulars to the Contractor as soon as practicable after the Employer became aware of the event.

The Engineer shall then proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or
determine the amount and/or EOT in the Defects Notification Period in accordance with Sub-Clause
11.3 [Extension of Defects Notification Period].

The Employer shall only be entitled to set off against or make any deduction from an amount certified
in a Payment Certificate, or to otherwise claim against the Contractor, in accordance with this Sub-
Clause.

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