CLAC 30 FINAL

General
In traditional procurement, the contractor is responsible for errors in the design of
1
the works
2 In re-measured contracts, the contractor is paid for actual executed quantities
3 The Engineer cannot issue variation orders in lump sum contracts
In traditional procurement, the contractor may be responsible for the design of
4
part/s of the Works
In lump sum contracts the contract may not include provisions for adjustment
5
related to fluctuations of prices
FIDIC Red Book 4th Edition
6 The 4th Edition of the FIDIC Red Book is a traditional re-measured type of contract
7 Clause 14 programme is not a Contract Document
The Engineer is the Employer’s agent and thus is not required to act impartially when
8
he gives his decisions, opinions or consent
9 Contractor is responsible for the design of the Permanent Works
The Contractor is responsible for the adequacy, stability and safety of all Site
10
operations and methods of construction
The Contractor is fully responsible for the care of the Works from any cause
11 whatsoever from the Commencement Date until the date of issue of the Taking-Over
Certificate for the whole of the Works
The Commencement Date is the date upon which the contractor is given possession
12
of the Site by the Employer
If tests required by the Engineer, not provided for in the contract, show that the
13 materials are not in accordance with the specification, the cost of such tests shall be
bourne by the Contractor
The Contractor is required to afford all reasonable opportunities to other contractors
14
in accordance with the provisions of Sub-Clause 31.1
The Contractor may be entitled to extension of time if the Employer fails to give
15
possession of the Site to the Contractor
 The Contractor is entitled to extension of time if the progress of the Works is delayed
16
by adverse climatic conditions
Where the Engineer issues a Taking-Over Certificate for the whole of the Works, the
17 Contractor is required to finish any outstanding works within 56 days from the date
the Contractor receives the Taking-Over Certificate
The Engineer is not obliged to issue a Taking-Over Certificate in respect of any part of
18 the Permanent Works which has been substantially completed and has satisfactorily
passed any Tests on Completion prescribed by the Contract
In case the Employer elects to occupy or use any part of the Permanent Works, the
19 Engineer is required to issue a Taking-Over Certificate for that part even if such part
has not been completed
The Employer is not entitled to use or occupy any part of the Works before its
20
completion
The Contractor is entitled to have included in any interim payment certificate certified
21
by the Engineer amounts of claims the Engineer considers to be due to the Contractor
The Contractor loses entitlement to payment if he fails to send a notice to the Engineer
22
within 28 days after the event giving rise to the claim has first arisen
23 All varied works shall be valued on basis of the rates and prices set out in the Contract
If the Contract does not contain any rates or prices applicable to the varied work the
24 rates and prices in the Contract shall be used as the basis for valuation so far as may
be reasonable
Rates and prices of works indicated in the Contract (Bill of Quantities) that have not
25
been the subject of a variation order may not adjusted under any circumstances
The Contractor is required to issue a Statement at Completion not later than 84 days
30
after the issue of the Taking-Over Certificate for the whole of the Works
The Statement at Completion, following the issuance of the Taking-Over Certificates
31
by the Engineer, is certified by the Engineer as the Final Payment Certificate
Pursuant to the provisions of Sub-Clause 69.4, the Contractor is entitled to suspend or
32 reduce the rate of work if the Employer fails to pay the Contractor the amount due
under any certificate within the time stated in the Contract
 If the Works are suspended longer than 84 days, the Contractor may treat the
33 suspension as an event of default by the Employer and is entitled to terminate his
employment under the Contract
The Employer is not, under any circumstances, allowed to pay nominated
34 Subcontractors direct and deduct such amounts from any sums due or to become due
to the Contractor
If the Employer interferes with or obstructs or refuses any required approval to the
issue of any Engineer's certificate under Clause 60, the Contractor is entitled to
35
terminate his employment under the Contract pursuant to the provisions of Sub-
Clause 69.1
The remedy for errors in information given in writing by the Engineer related to the
36
setting out of the Works is extension of time and additional costs
37 The Engineer's decisions on disputes are binding and final
38 Arbitration may be commenced only after the completion of the Works
FIDIC New Red Book Construction 1st Edition, 1999
Commencement Date is 42 days after the Contractor receives the notice to commence
39
from the Engineer
Failure by the Engineer's assistant to disapprove any work, shall not constitute
40 approval, and shall therefore not prejudice the right of the Engineer to reject the
relevant works
The remedy for errors in information specified in relation to the setting out of the
41
Works is extension of time and Cost plus reasonable profit
Variations may be initiated by the Engineer at any time prior to issuing the Defects
42
Notification Period
If the Employer considers himself to be entitled to any payment under any Clause, the
43 Employer shall give notice and particulars to the Contractor of the event or
circumstances giving rise to the Employer's claim
If the Employer fails to comply with the notification requirements of Sub-Clause 2.5,
44 the Employer loses entitlement to payment and/or to any extension of the Defects
Notification Period
If the Contractor encounters unforeseeable adverse physical conditions the
45
Contractor shall be entitled to extension of time Cost and reasonable profit
 If the Contractor fails to comply with the notification requirements of Sub-Clause 20.1,
46
the Contractor loses entitlement to additional payment and/or extension of time
A "nominated Subcontractor" means a Subcontractor who is stated in the Contract as
47 being a nominated Subcontractor or whom the Engineer, under Clause 13, instructs
the Contractor to employ as a Subcontractor
If completion is delayed because of adverse climatic conditions the Contractor shall
48
be entitled to extension of time and additional cost
When there is a difference between the Employer and the Contractor, the Engineer is
49
required to consult with each Party in an endeavour to reach agreement
If the Employer uses any part of the Works before the Taking-Over Certificate is issued
50 the said part shall be deemed to have been taken over as from the date on which it is
used

OLD FINAL
FIDIC New Red Book Construction 1st Edition, 1999
1 The 4th Edition of FIDIC Red Book is a design-build lumpsum type of contract
The Defects Liability Period is one year calculated from the date of the Taking-Over
2
Certificate issued by the Engineer
If the Contract does not contain any rates or prices applicable to the varied work
3 suitable rates and prices shall be agreed upon between the Employer and the
Contractor
4 Varied works instructed under Sub-clause 51.1 may not be valued at daywork rates
The whole of the Retention Money shall be certified by the Engineer upon the issuance
5
of the Taking-Over Certificate with respect to the whole of the Works
The other half of the Retention Money shall be certified by the Engineer upon the
6 expiration of the Defects Liability Period. The Contractor is not required to submit a
statement to that effect
Cases: FIDIC 4th Edition
1. Case 1:
 Letter of Intent 30 March 2017
 Letter of Acceptance 1 April 2017
 Engineer issues the notice to commence 14 April 2017
 Position of the Site by the Employer 30 April 2017
 Advance payment paid to the Contractor 25 April 2017
 Contractor receives notice to commence 15 April 2017
 Contract signed 20 April 2017
 Time for Completion 1 year
 Commencement Date …………………..
 Completion Date …………………..

2. The Engineer instructed the Contractor to use concrete of higher strength than
that specified in the Contract. Explain how the above variation would be valued
according to FIDIC Red Book 4th Edition.
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................

3. Explain how the above variation would be valued according to the FIDIC Red
Book, 3rd edition.
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
4. Rectification of damaged work (Clause 20)
One of the Employer’s employees, permitted to enter the Site before the
completion of the Works, caused damage to the Works before the issuance of the
Taking- Over Certificate.
The Engineer instructed the contractor to rectify the damage
Who should bear the expenses? …………………………..
Write down the relevant Sub-Clauses numbers: …………………………..
Quote the relevant wording from the Sub-Clauses:
Sub-Clause 20.3:
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................

5. The Engineer instructed the Contractor to suspend the whole of the Works for a
reason not caused by the Contractor and not specified in the Contract. Permission
to resume work was not given for 105 days. The Contractor gave notice to the
Engineer requiring permission to proceed with the Works. Permission was not
granted.
What can the Contractor do to deal with this situation?
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
 CLAC 30 FINAL
General
In traditional procurement, the contractor is responsible for errors in the design of the
1 works ✗
Traditional  El design beykoon 3ala el employer
In re-measured contracts, the contractor is paid for actual executed quantities
2
Re-measured  El hesab 3ala el actual quantities
🗸
The Engineer cannot issue variation orders in lump sum contracts
3 ✗
El variations tenfa3 f ay no3 contracts 3ady
In traditional procurement, the contractor may be responsible for the design of part/s
of the Works
4
Traditional  momken fe el contract bel etefa2 w yekon fe parts el design feha 3ala
🗸
el contractor
In lump sum contracts the contract may not include provisions for adjustment related
5 to fluctuations of prices 🗸
Momken yekon fe el contract sub-clauses l ta3deel el se3r w momken maykonsh fe
FIDIC Red Book 4th Edition
The 4th Edition of the FIDIC Red Book is a traditional re-measured type of contract
6
4th Edition FIDIC Red Book  Traditional Re-measured 🗸
Clause 14 programme is not a Contract Document
7 Clause 14 Programme is a contract document laken el programme nafso msh shart ✗
yekon contract document
The Engineer is the Employer’s agent and thus is not required to act impartially when he
8 gives his decisions, opinions or consent ✗
Sub-Clause 2.6  El Engineer lazem y act impartially
Contractor is responsible for the design of the Permanent Works
9 Red Book  Traditional  El Contractor msh mas2ool 3ala el design Ela lw maktoob fl ✗
contract  Sub-Clause 7.2
The Contractor is responsible for the adequacy, stability and safety of all Site operations
10 and methods of construction 🗸
Sub-Clause 19.1
 The Contractor is fully responsible for the care of the Works from any cause whatsoever
from the Commencement Date until the date of issue of the Taking-Over Certificate for
11
the whole of the Works ✗
El Contractor mas2ool 3ala el works m3ada ely mawgoda f Sub-Clause 20.4
The Commencement Date is the date upon which the contractor is given possession of
12 the Site by the Employer ✗
Commencement Date  Byetheseb mn youm el receive beta3 el Notice to Commence
If tests required by the Engineer, not provided for in the contract, show that the
materials are not in accordance with the specification, the cost of such tests shall be
13
bourne by the Contractor 🗸
Sub-Clause 36.4
The Contractor is required to afford all reasonable opportunities to other contractors
14 in accordance with the provisions of Sub-Clause 31.1 🗸
Sub-Clause 31.1
The Contractor may be entitled to extension of time if the Employer fails to give
15 possession of the Site to the Contractor 🗸
Sub-Clause 42.2
The Contractor is entitled to extension of time if the progress of the Works is delayed by
16 adverse climatic conditions ✗
Sub-Clause 44.1  Exceptionally adverse climatic conditions
Where the Engineer issues a Taking-Over Certificate for the whole of the Works, the
Contractor is required to finish any outstanding works within 56 days from the date the
17
Contractor receives the Taking-Over Certificate ✗
Mafeesh haga bet2ol en el duration 56 days
The Engineer is not obliged to issue a Taking-Over Certificate in respect of any part of
the Permanent Works which has been substantially completed and has satisfactorily
18
passed any Tests on Completion prescribed by the Contract 🗸
Sub-Clause 48.3  El Engineer msh molzam yestelem part mo3ayan
In case the Employer elects to occupy or use any part of the Permanent Works, the
Engineer is required to issue a Taking-Over Certificate for that part even if such part has
19
not been completed ✗
Sub-Clause 48.2  El Contractor lazem yotlob mn el engineer el awal
 The Employer is not entitled to use or occupy any part of the Works before its completion
20
La2 yenfa3 3ady ✗
The Contractor is entitled to have included in any interim payment certificate certified
21 by the Engineer amounts of claims the Engineer considers to be due to the Contractor 🗸
Sub-Clause 53.5
The Contractor loses entitlement to payment if he fails to send a notice to the Engineer
22 within 28 days after the event giving rise to the claim has first arisen ✗
El Contractor msh bey lose entitlement lw maba3atsh notice fl wa2t da
All varied works shall be valued on basis of the rates and prices set out in the Contract
23
Msh shart ✗
If the Contract does not contain any rates or prices applicable to the varied work the
rates and prices in the Contract shall be used as the basis for valuation so far as may be
24
reasonable 🗸
Sub-Clause 52.1
Rates and prices of works indicated in the Contract (Bill of Quantities) that have not been
25 the subject of a variation order may not adjusted under any circumstances ✗
La2 yenfa3 3ady
The Contractor is required to issue a Statement at Completion not later than 84 days
30 after the issue of the Taking-Over Certificate for the whole of the Works 🗸
Sub-Clause 60.5
The Statement at Completion, following the issuance of the Taking-Over Certificates by
31 the Engineer, is certified by the Engineer as the Final Payment Certificate ✗
Sub-Clause 60.8  El Final Payment Certificate ba3d el Final Statement
Pursuant to the provisions of Sub-Clause 69.4, the Contractor is entitled to suspend or
reduce the rate of work if the Employer fails to pay the Contractor the amount due under
32
any certificate within the time stated in the Contract 🗸
El kalam da sah
If the Works are suspended longer than 84 days, the Contractor may treat the
suspension as an event of default by the Employer and is entitled to terminate his
33
employment under the Contract ✗
Sub-Clause 40.3  Msh ay halet suspension
 The Employer is not, under any circumstances, allowed to pay nominated
Subcontractors direct and deduct such amounts from any sums due or to become due
34
to the Contractor ✗
Sub-Clause 59.5  Yenfa3 3ady
If the Employer interferes with or obstructs or refuses any required approval to the issue
of any Engineer's certificate under Clause 60, the Contractor is entitled to terminate his
35
employment under the Contract pursuant to the provisions of Sub- Clause 69.1 🗸
Sub-Clause 69.1
The remedy for errors in information given in writing by the Engineer related to the
36 setting out of the Works is extension of time and additional costs ✗
Profit only
The Engineer's decisions on disputes are binding and final
37
Sub-Clause 67.3 ✗
Arbitration may be commenced only after the completion of the Works
38
Sub-Clause 67.3  Prior or after completion ✗
FIDIC New Red Book Construction 1st Edition, 1999
Commencement Date is 42 days after the Contractor receives the notice to commence
39 from the Engineer ✗
Sub-Clause 8.1  42 days from Letter of Acceptance
Failure by the Engineer's assistant to disapprove any work, shall not constitute approval,
40 and shall therefore not prejudice the right of the Engineer to reject the relevant works 🗸
Sub-Clause 3.2
The remedy for errors in information specified in relation to the setting out of the Works
41 is extension of time and Cost plus reasonable profit 🗸
Sub-Clause 4.7
Variations may be initiated by the Engineer at any time prior to issuing the Defects
42 Notification Period ✗
Sub-Clause 13.1  TOC not Defects Notification Period
If the Employer considers himself to be entitled to any payment under any Clause, the
Employer shall give notice and particulars to the Contractor of the event or
43
circumstances giving rise to the Employer's claim ✗
Notice is not Required for payments under some Sub-Clauses 4.19, 4.20
 If the Employer fails to comply with the notification requirements of Sub-Clause 2.5, the
Employer loses entitlement to payment and/or to any extension of the Defects
44
Notification Period ✗
Mafeesh haga bet2ool keda
If the Contractor encounters unforeseeable adverse physical conditions the Contractor
45 shall be entitled to extension of time Cost and reasonable profit ✗
Sub-Clause 4.12  Time + Cost
If the Contractor fails to comply with the notification requirements of Sub-Clause 20.1,
46 the Contractor loses entitlement to additional payment and/or extension of time 🗸
Sub-Clause 20.1
A "nominated Subcontractor" means a Subcontractor who is stated in the Contract as
being a nominated Subcontractor or whom the Engineer, under Clause 13, instructs the
47
Contractor to employ as a Subcontractor 🗸
Sub-Clause 5.1
If completion is delayed because of adverse climatic conditions the Contractor shall be
48 entitled to extension of time and additional cost ✗
Sub-Clause 8.4  EOT only
When there is a difference between the Employer and the Contractor, the Engineer is
49 required to consult with each Party in an endeavour to reach agreement 🗸
Sub-Clause 3.5
If the Employer uses any part of the Works before the Taking-Over Certificate is issued
the said part shall be deemed to have been taken over as from the date on which it is
50
used 🗸
Sub-Clause 10.2
 OLD FINAL
FIDIC New Red Book Construction 1st Edition, 1999
The 4th Edition of FIDIC Red Book is a design-build lumpsum type of contract
1
4th Edition FIDIC Red Book  Traditional Re-measured ✗
The Defects Liability Period is one year calculated from the date of the Taking-Over
2 Certificate issued by the Engineer ✗
Mesh lazem 1 year
If the Contract does not contain any rates or prices applicable to the varied work
suitable rates and prices shall be agreed upon between the Employer and the
3
Contractor ✗
Engineer msh Employer
Varied works instructed under Sub-clause 51.1 may not be valued at daywork rates
4
Mesh shart daywork rates aywa 🗸
The whole of the Retention Money shall be certified by the Engineer upon the issuance
5 of the Taking-Over Certificate with respect to the whole of the Works ✗
50% bas
The other half of the Retention Money shall be certified by the Engineer upon the
expiration of the Defects Liability Period. The Contractor is not required to submit a
6
statement to that effect 🗸
Sub-Clause 60.3
Cases: FIDIC 4th Edition
1. Case 1:
 Letter of Intent 30 March 2017
 Letter of Acceptance 1 April 2017
 Engineer issues the notice to commence 14 April 2017
 Position of the Site by the Employer 30 April 2017
 Advance payment paid to the Contractor 25 April 2017
 Contractor receives notice to commence 15 April 2017
 Contract signed 20 April 2017
 Time for Completion 1 year
 Commencement Date 15 April 2017
 Completion Date 15 April 2018
Commencement Date byeb2a mn el date ely el contractor estalam feh el notice
to commence. El Completion Date byb2a el Commencement Date + Duration.

2. The Engineer instructed the Contractor to use concrete of higher strength than
that specified in the Contract. Explain how the above variation would be valued
according to FIDIC Red Book 4th Edition.
As this item is not in the BOQ, so the rates and prices in the contract shall be used
as the basis for valuation (derive new rates from them) as far as may be
reasonable (According to Sub-Clause 52.1)

3. Explain how the above variation would be valued according to the FIDIC Red
Book, 3rd edition.
Suitable rates or prices shall be agreed upon between the Engineer and the
Contractor (According to Sub-Clause 52.1)
4. Rectification of damaged work (Clause 20)
One of the Employer’s employees, permitted to enter the Site before the
completion of the Works, caused damage to the Works before the issuance of the
Taking- Over Certificate.
The Engineer instructed the contractor to rectify the damage
Who should bear the expenses? The Employer
Write down the relevant Sub-Clauses numbers: 20.3, 20.4
Quote the relevant wording from the Sub-Clauses:
Sub-Clause 20.3:
In the event of any such loss or damage happening from any of the risks defined
in Sub-Clause 20.4, or in combination with other risks, the Contractor shall, if and
to the extent required by the Engineer, rectify the loss or damage and the
Engineer shall determine an addition to the Contract Price in accordance with
Clause 52.
Sub-Clause 20.4:
The Employer's risks are:
f) loss or damage due to the use or occupation by the Employer of any Section or
part of the Permanent Works, except as may be provided for in the Contract.

5. The Engineer instructed the Contractor to suspend the whole of the Works for a
reason not caused by the Contractor and not specified in the Contract. Permission
to resume work was not given for 105 days. The Contractor gave notice to the
Engineer requiring permission to proceed with the Works. Permission was not
granted.
What can the Contractor do to deal with this situation?
According to Sub-Clause 40.3, the Contractor have to wait for 28 days from
receiving the notice by the Engineer. If the permission is not granted, the
contractor may elect to treat the suspension, where it affects part only of the
Works, as an omission of such part under Clause 51 by giving a further notice to
the Engineer to that effect, or, where it affects the whole of the Works, treat the
suspension as an event of default by the Employer and terminate his
employment under the Contract in accordance with the provisions of Sub-Clause
69.1 “The Contractor shall be entitled to terminate his employment under the
Contract by giving notice to the Employer, with a copy to the Engineer. Such
termination shall take effect 14 days after the giving of the notice.”