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Clause 14.6 GC

The document outlines the FIDIC Conditions of Contract for Plant and Design-Build Contracts, detailing the requirements for payment related to Plant and Materials. It specifies conditions for issuing Interim Payment Certificates, including the need for Performance Security and the Engineer's role in determining payment amounts. Additionally, it addresses the timeline for payments and provisions for delayed payments, including financing charges for the Contractor.

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10 views2 pages

Clause 14.6 GC

The document outlines the FIDIC Conditions of Contract for Plant and Design-Build Contracts, detailing the requirements for payment related to Plant and Materials. It specifies conditions for issuing Interim Payment Certificates, including the need for Performance Security and the Engineer's role in determining payment amounts. Additionally, it addresses the timeline for payments and provisions for delayed payments, including financing charges for the Contractor.

Uploaded by

ngjayaram123
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 PDF, TXT or read online on Scribd
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FIDIC Conditions of Contract for

Plant And Design-Build Contract


First Edition, 1999

(i) are those listed in the Appendix to Tender for payment when shipped,
(ii) have been shipped to the Country, en route to the Site, in accordance with the
Contract; and
(iii) are described in a clean shipped bill of lading or other evidence of shipment,
which has been submitted to the Engineer together with evidence of payment
of freight and insurance, any other documents reasonably required, and a
bank guarantee in a form and issued by an entity approved by the Employer in
amounts and currencies equal to the amount due under this Sub-Clause: this
guarantee may be in a similar form to the form referred to in Sub-Clause 14.2
[Advance Payment] and shall be valid until the Plant and Materials are properly
stored on Site and protected against loss, damage or deterioration;
or

(c) the relevant Plant and Materials:


(i) are those listed in the Appendix to Tender for payment when delivered to the
Site, and
(ii) have been delivered to and are properly stored on the Site, are protected
against loss, damage or deterioration, and appear to be in accordance with
the Contract.
The additional amount to be certified shall be the equivalent of eighty percent of the
Engineer’s determination of the cost of the Plant and Materials (including delivery to
Site), taking account of the documents mentioned in this Sub-Clause and of the
contract value of the Plant and Materials.

The currencies for this additional amount shall be the same as those in which
payment will become due when the contract value is included under sub-paragraph
(a) of Sub-Clause 14.3 [Application for Interim Payment Certificates]. At that time,
the Payment Certificate shall include the applicable reduction which shall be
equivalent to, and in the same currencies and proportions as, this additional amount
for the relevant Plant and Materials.

14.6 Issue of Interim Payment Certificates

No amount will be certified or paid until the Employer has received and approved the
Performance Security. Thereafter, the Engineer shall, within 28 days after receiving
a Statement and supporting documents, issue to the Employer an Interim Payment
Certificate which shall state the amount which the Engineer fairly determines to be
due, with supporting particulars.

However, prior to issuing the Taking-Over Certificate for the Works, the Engineer
shall not be bound to issue an Interim Payment Certificate in an amount which
would (after retention and other deductions) be less than the minimum amount of

Page 72 of 103
FIDIC Conditions of Contract for
Plant And Design-Build Contract
First Edition, 1999
Interim Payment Certificates (if any) stated in the Appendix to Tender. In this event,
the Engineer shall give notice to the Contractor accordingly.

An Interim Payment Certificate shall not be withheld for any other reason, although:

(a) if any thing supplied or work done by the Contractor is not in accordance with the
Contract, the cost of rectification or replacement may be withheld until
rectification or replacement has been completed; and/or

(b) if the Contractor was or is failing to perform any work or obligation in accordance
with the Contract, and had been so notified by the Engineer, the value of this
work or obligation may be withheld until the work or obligation has been
performed.

The Engineer may in any Payment Certificate make any correction or modification
that should properly be made to any previous Payment Certificate. A Payment
Certificate shall not be deemed to indicate the Engineer’s acceptance, approval,
consent or satisfaction.

14.7 Payment

The Employer shall pay to the Contractor:

(a) the first instalment of the advance payment within 42 days after issuing the
Letter of Acceptance or within 21 days after receiving the documents in
accordance with Sub-Clause 4.2 [Performance Security] and
Sub-Clause 14.2 [Advance Payment], whichever is later;

(b) the amount certified in each Interim Payment Certificate within 56 days after
the Engineer receives the Statement and supporting documents; and

(c) the amount certified in the Final Payment Certificate within 56 days after the
Employer receives this Payment Certificate.

Payment of the amount due in each currency shall be made into the bank account,
nominated by the Contractor, in the payment country (for this currency) specified in
the Contract.

14.8 Delayed Payment

If the Contractor does not receive payment in accordance with Sub-Clause 14.7
[Payment], the Contractor shall be entitled to receive financing charges
compounded monthly on the amount unpaid during the period of delay. This period
shall be deemed to commence on the date for payment specified in Sub-Clause 14.7

Page 73 of 103

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