PIDIC FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS

CONDITIONS OF CONTRACT

FOR WORKS OF CIVIL

ENGINEERING CONSTRUCTION

PART I GENERAL CONDITIONS

WITH FORMS OF TENDER AND AGREEMENT

FOURTH EDITION 1987

Reprinted 1988 with editorial amendments
Reprinted 1992 with further amendments
FOREWORD

The terms of the Fourth Edition of the Conditions of Contract for Works of Civil
Engineering Construction have been prepared by the Federation Internationale des
Ingenieurs Conseils (FIDIC) and are recommended for general use for the purpose of
construction of such works where tenders are invited on an international basis. The
Conditions, subject to minor modifications, are also suitable for use on domestic
contracts.

The version in English of the Conditions is considered by FIDIC as the official and
authentic text for the purpose of translation.

In the preparation of the Conditions it was recognised that while there are numerous
Clauses which will be generally applicable there are some Clauses which must
necessarily vary to take account of the circumstances and locality of the Works. The
Clauses of general application have been grouped together in this document and are
referred to as Part I - General Conditions. They have been printed in a form which will
facilitate their inclusion as printed in the contract documents normally prepared.

The General Conditions are linked with the Conditions of Particular Application,
referred to as Part II, by the corresponding numbering of the Clauses, so that Parts I and
II together comprise the Conditions governing the rights and obligations of the parties.

Part II must be specially drafted to suit each individual Contract.

When dredging and certain types of reclamation work are involved special
consideration must be given to Part II.

To assist in the preparation of Part II explanatory material and example clauses are
published with the Conditions in a separately bound document entitled "Conditions of
Contract for Works of Civil Engineering Construction, Part II -Conditions of Particular
Application, with Guidelines for preparation of Part II Clauses, Fourth Edition".

FIDIC has published a "Guide to the Use of FIDIC Conditions of Contract for Works of
Civil Engineering Construction" which includes comments on the provisions of the
Fourth Edition of the Conditions. Users of the Fourth Edition may find it helpful to
refer to this Guide.

It may also be helpful for users to refer to other FIDIC publications, such as:

Tendering Procedure (First Edition 1982)

Construction, Insurance and Law (1986)

FIDIC gratefully acknowledges the suggestions and comments it has received during the preparation of this
edition from European International Contractors (EIC) as mandatory of Confederation of International
Contractors Associations (CICA) with participation of Associated General Contractors of America (AGC).
 CONTENTS
PART I: GENERAL CONDITIONS

Definitions and Interpretation

1.1 Definitions
1.2 Headings and Marginal Notes
1.3 Interpretation
1.4 Singular and Plural
1.5 Notices, Consents, Approvals, Certificates and Determinations

Engineer and Engineer's Representative

2.1 Engineer's Duties and Authority
2.2 Engineer's Representative
2.3 Engineer's Authority to Delegate
2.4 Appointment of Assistants
2.5 Instructions in Writing
2.6 Engineer to Act Impartially

Assignment and Subcontracting

3.1 Assignment of Contract
4.1 Subcontracting
4.2 Assignment of Subcontractors' Obligations

Contract Documents
5.1 Language/s and Law
5.2 Priority of Contract Documents
6.1 Custody and Supply of Drawings and Documents
6.2 One Copy of Drawings to be Kept on Site
6.3 Disruption of Progress
6.4 Delays and Cost of Delay of Drawings
6.5 Failure by Contractor to Submit Drawings
7.1 Supplementary Drawings and Instructions
7.2 Permanent Works Designed by Contractor
7.3 Responsibility Unaffected by Approval

General Obligations
8.1 Contractor's General Responsibilities
8.2 Site Operations and Methods of Construction 9.1 Contract Agreement
10.1 Performance Security
10.2 Period of Validity of Performance Security
10.3 Claims under Performance Security 11.1 Inspection of Site
12.1 Sufficiency of Tender
12.2 Not Foreseeable Physical Obstructions or Conditions 13.1 Work to be in Accordance with Contract
14.1 Programme to be Submitted
14.2 Revised Programme
14.3 Cash Flow Estimate to be Submitted
14.4 Contractor not Relieved of Duties or Responsibilities 15.1 Contractor's Superintendence
15.1 Contractor’s Superintendence.
16.1 Contractor's Employees
16.2 Engineer at Liberty to Object
17.1 Setting-out
18.1 Boreholes and Exploratory Excavation
19.1 Safety, Security and Protection of the Environment
19.2 Employer's Responsibilities
20.1 Care of Works
20.2 Responsibility to Rectify Loss or Damage
20.3 Loss or Damage Due to Employer's Risks
20.4 Employer's Risks
21.1 Insurance of Works and Contractor's Equipment
21.2 Scope of Cover
21.3 Responsibility for Amounts not Recovered
21.4 Exclusions
22.1 Damage to Persons and Property
22.2 Exceptions
22.3 Indemnity by Employer
23.1 Third Party Insurance (including Employer's Property)
23.2 Minimum Amount of Insurance
23.3 Cross Liabilities
24.1 Accident or Injury to Workmen
24.2 Insurance Against Accident to Workmen
25.1 Evidence and Terms of Insurances
25.2 Adequacy of Insurances
25.3 Remedy on Contractor's Failure to Insure
25.4 Compliance with Policy Conditions
26.1 Compliance with Statutes, Regulations
27.1 Fossils
28.1 Patent Rights
28.2 Royalties
29.1 Interference with Traffic and Adjoining Properties
30.1 Avoidance of Damage to Roads
30.2 Transport of Contractor's Equipment or Temporary Works
30.3 Transport of Materials or Plant
30.4 Waterbome Traffic
31.1 Opportunities for Other Contractors
31.2 Facilities for Other Contractors
32.1 Contractor to Keep Site Clear
33.1 Clearance of Site on Completion

Labour
34.1 Engagement of Staff and Labour
35.1 Returns of Labour and Contractor's Equipment

Materials, Plant and Workmanship

36.1 Quality of Materials, Plant and Workmanship

36.2 Cost of Samples
36.3 Cost of Tests
36.4 Cost of Tests not Provided for
36.5 Engineer's Determination where Tests not Provided for
37.1 Inspection of Operations
37.2 Inspection and Testing
37.3 Dates for Inspection and Testing
37.4 Rejection
37.5 Independent Inspection
38.1 Examination of Work before Covering up
38.2 Uncovering and Making Openings
39.1 Removal of Improper Work, Materials or Plant
39.2 Default of Contractor in Compliance

Suspension
40.1 Suspension of Work
40.2 Engineer's Determination following Suspension
40.3 Suspension lasting more than 84 Days

Commencement and Delays

41.1 Commencement of Works
42.1 Possession of Site and Access Thereto
42.2 Failure to Give Possession
42.3 Rights of Way and Facilities 43.1 Time for Completion
44.1 Extension of Time for Completion
44.2 Contractor to Provide Notification and Detailed Particulars
44.3 Interim Determination of Extension 45.1 Restriction on Working Hours 46.1 Rate of Progress
47.1 Liquidated Damages for Delay
47.2 Reduction of Liquidated Damages
48.1 Taking-Over Certificate
48.2 Taking-Over of Sections or Parts
48.3 Substantial Completion of Parts
48.4 Surfaces Requiring Reinstatement

Defects Liability
49.1 Defects Liability Period
49.2 Completion of Outstanding Work and Remedying Defects
49.3 Cost of Remedying Defects
49.4 Contractor's Failure to Carry Out Instructions 50.1 Contractor to Search

Alterations, Additions and Omissions

51.1 Variations
51.2 Instructions for Variations
52.1 Valuation of Variations
52.2 Power of Engineer to Fix Rates
52.3 Variations Exceeding 15 percent
52.4 Daywork

Procedure for Claims

53.1 Notice of Claims
53.2 Contemporary Records
53.3 Substantiation of Claims
53.4 Failure to Comply
53.5 Payment of Claims

Contractor's Equipment, Temporary Works and Materials

54.1 Contractor's Equipment, Temporary Works and Materials; Exclusive Use for the Works
54.2 Employer not Liable for Damage
54.3 Customs Clearance
54.4 Re-export of Contractor's Equipment
54.5 Conditions of Hire of Contractor's Equipment
54.6 Costs for the Purpose of Clause 63
54.7 Incorporation of Clause in Subcontracts
54.8 Approval of Materials not Implied

Measurement
55.1 Quantities
56.1 Works to be Measured
57.1 Method of Measurement
57.2 Breakdown of Lump Sum Items

Provisional Sums
58.1 Definition of "Provisional Sum"
58.2 Use of Provisional Sums
58.3 Production of Vouchers

Nominated Subcontractors
59.1 Definition of "Nominated Subcontractors"
59.2 Nominated Subcontractors; Objection to Nomination
59.3 Design Requirements to be Expressly Stated
59.4 Payments to Nominated Subcontractors
59.5 Certification of Payments to Nominated Subcontractors

Certificates and Payment

60.1 Monthly Statements
60.2 Monthly Payments
60.3 Payment of Retention Money
60.4 Correction of Certificates
60.5 Statement at Completion
60.6 Final Statement
60.7 Discharge
60.8 Final Payment Certificate
60.9 Cessation of Employer's Liability
60.10 Time for Payment
61.1 Approval only by Defects Liability Certificate
62.1 Defects Liability Certificate
62.2 Unfulfilled Obligations

Remedies
63.1 Default of Contractor
63.2 Valuation at Date of Termination
63 3 Payment after Termination
63.4 Assignment of Benefit of Agreement
64.1 Urgent Remedial Work

Special Risks
65.1 No Liability for Special Risks
65.2 Special Risks
65.3 Damage to Works by Special Risks
65.4 Projectile, Missile
65.5 Increased Costs arising from Special Risks
65.6 Outbreak of War
65.7 Removal of Contractor's Equipment on Termination
65.8 Payment if Contract Terminated
 Release from Performance
66.1 Payment in Event of Release from Performance

Settlement of Disputes
67.1 Engineer's Decision
67.2 Amicable Settlement
67.3 Arbitration
67.4 Failure to Comply with Engineer's Decision

Notices
68.1 Notice to Contractor
68.2 Notice to Employer and Engineer
68.3 Change of Address

Default of Employer
69.1 Default of Employer
69.2 Removal of Contractor's Equipment
69.3 Payment on Termination
69.4 Contractor's Entitlement to Suspend Work
69.5 Resumption of Work

Changes in Cost and Legislation

70.1 Increase or Decrease of Cost
70.2 Subsequent Legislation

Currency and Rates of Exchange

71.1 Currency Restrictions
72.1 Rates of Exchange
72.2 Currency Proportions
72.3 Currencies of Payment for Provisional Sums

REFERENCE TO PART II
INDEX
TENDER
AGREEMENT
EDITORIAL AMENDMENTS IN 1988
FURTHER AMENDMENTS IN 1992
 PART I - GENERAL CONDITIONS

Definitions and Interpretation

Definitions
1.1 In the Contract (as hereinafter defined) the following words and expressions shall have the
meanings hereby assigned to them, except where the context otherwise requires:
(a) (i) "Employer" means the person named as such in Part II of these Conditions and the legal
successors in title to such person, but not (except with the consent of the Contractor) any
assignee of such person.
(ii)"Contractor" means the person whose tender has been accepted by the Employer and
the legal successors in title to such person, but not (except with the consent of the
Employer) any assignee of such person.
(iii) "Subcontractor" means any person named in the Contract as a Subcontractor for a part
of the Works or any person to whom a part of the Works has been subcontracted with the
consent of the Engineer and the legal successors in title to such person, but not any
assignee of any such person.
(iv) "Engineer" means the person appointed by the Employer to act as Engineer for the
purposes of the Contract and named as such in Part II of these Conditions.
(v) "Engineer's Representative" means a person appointed from time to time by the
Engineer under Sub-Clause 2.2.
(b) (i) "Contract" means these Conditions (Parts I and II), the Specification, the Drawings, the
Bill of Quantities, the Tender, the Letter of Acceptance, the Contract Agreement (if
completed) and such further documents as may be expressly incorporated in the Letter of
Acceptance or Contract Agreement (if completed).
(ii) "Specification" means the specification of the Works included in the Contract and any
modification thereof or addition thereto made under Clause 51 or submitted by the
Contractor and approved by the Engineer.
(iii)"Drawings" means all drawings, calculations and technical information of a like nature
provided by the Engineer to the Contractor under the Contract and all drawings,
calculations, samples, patterns, models, operation and maintenance manuals and other
technical information of a like nature submitted by the Contractor and approved by the
Engineer.
(iv)"Bill of Quantities" means the priced and completed bill of quantities forming part of
the Tender.
(v) "Tender" means the Contractor's priced offer to the Employer for the execution and
completion of the Works and the remedying of any defects therein in accordance with the
provisions of the Contract, as accepted by the Letter of Acceptance.
(vi) "Letter of Acceptance" means the formal acceptance by the Employer of the Tender.
(vii)"Contract Agreement" means the contract agreement (if any) referred to in Sub-Clause
9.1.
(viii) "Appendix to Tender" means the appendix comprised in the form of Tender annexed
to these Conditions.

(c) (i) "Commencement Date" means the date upon which the Contractor receives the notice
to commence issued by the Engineer pursuant to Clause 41.
(ii)"Time for Completion" means the time for completing the execution of and passing the
Tests on Completion of the Works or any Section or part thereof as stated in the Contract
(or as extended under Clause 44) calculated from the Commencement Date.
 (d) (i) "rests on Completion" means the tests specified in the Contract or otherwise agreed by the Engineer and the
Contractor which are to be made by the Contractor before the Works or any Section or part thereof are taken
over by the Employer.
(ii) "Taking-Over Certificate" means a certificate issued pursuant to Clause 48.

(e) (i) "Contract Price" means the sum stated in the Letter of Acceptance as payable to the Contractor for the
execution and completion of the Works and the remedying of any defects therein in accordance with the
provisions of the /Contract.
(ii) "Retention Money" means the aggregate of all monies retained by the Employer pursuant to Sub-Clause
60.2(a).
(iii) "Interim Payment Certificate" means any certificate of payment issued by the Engineer other than the
Final Payment Certificate.
(iv) "Final Payment Certificate" means the certificate of payment issued by the Engineer pursuant to Sub-
Clause 60.8.
(f) (i) "Works" means the Permanent Works and the Temporary Works or either of them as appropriate.
(ii) "Permanent Works" means the permanent works to be executed (including Plant) in accordance with the
Contract.
(iii) "Temporary Works" means all temporary works of every kind (other than Contractor's Equipment)
required in or about the execution and completion of the Works and the remedying of any defects therein.
(iv) "Plant" means machinery, apparatus and the like intended to form or forming part of the Permanent
Works.
(v) "Contractor's Equipment" means all appliances and things of whatsoever nature (other than Temporary
Works) required for the execution and completion of the Works and the remedying of any defects therein, but
does not include Plant, materials or other things intended to form or forming part of the Permanent Works.
(vi) "Section" means a part of the Works specifically identified in the Contract as a Section.
(vii) "Site" means the places provided by the Employer where the Works are to be executed and any other
places as may be specifically designated in the Contract as forming part of the Site.

(g) (i) "cost" means all expenditure properly incurred or to be incurred, whether on or off the Site, including
overhead and other charges properly allocable thereto but does not include any allowance for profit.
(ii) "day" means calendar day.
(iii) "foreign currency" means a currency of a country other than that in which the Works are to be located.
(iv) "writing" means any hand-written, type-written, or printed communication, including telex, cable and
facsimile transmission.

Headings and Marginal Notes

1.2 The headings and marginal notes in these Conditions shall not be deemed part thereof or be taken into
consideration in the interpretation or construction thereof or of the Contract.

Interpretation
1.3 Words importing persons or parties shall include firms and corporations and any organisation having legal c
apacity.

Singular and Plural

1.4 Words importing the singular only also include the plural and vice versa where the context requires.
Approvals, Certificates and Determinations Notices,Consents,

1.5 Wherever in the Contract provision is made for the giving or issue of any notice, consent, approval, certificate or
determination by any person, unless otherwise specified such notice, consent, approval, certificate or
determination shall be in writing and the words "notify", "certify" or "determine" shall be construed accordingly.
Any such consent, approval, certificate or determination shall not unreasonably be withheld or delayed.
 Engineer and Engineer's Representative
2. 1 (a) The Engineer shall carry out the duties specified in the Contract.
(b) The Engineer may exercise the authority specified in or necessarily to be implied from the Contract, provided, however,
that if the Engineer is required, under the terms of his appointment by the Employer, to obtain the specific approval of the
Employer before exercising any such authority, particulars of such requirements shall be set out in Part II of these
Conditions. Provided further that any requisite approval shall be deemed to have been given by the Employer for any such
authority exercised by the Engineer.
(c) Except as expressly stated in the Contract, the Engineer shall have no authority to relieve the Contractor of any of his
obligations under the Contract.
2.2 The Engineer's Representative shall be appointed by and be responsible to the Engineer and shall carry out such duties
and exercise such authority as may be delegated to him by the Engineer under Sub-Clause 2.3.
2.3 The Engineer may from time to time delegate to the Engineer's Representative any of the duties and authorities vested
in the Engineer and he may at any time revoke such delegation. Any such delegation or revocation shall be in writing and
shall not take effect until a copy thereof has been delivered to the Employer and the Contractor.
Any communication given by the Engineer's Representative to the Contractor in accordance with such delegation shall have the

Engineer's
Duties and
Authority

Engineer's Representative
Engineer's Authority to
Delegate
same effect as though it had been given by the Engineer. Provided that:
(a) any failure of the Engineer's Representative to disapprove any work, materials or Plant shall not prejudice the authority
of the Engineer to disapprove such work, materials or Plant and to give instructions for the rectification thereof; and
(b) if the Contractor questions any communication of the Engineer's Representative he may refer the matter to the Engineer
who shall confirm, reverse or vary the contents of such communication.
2.4 The Engineer or the Engineer's Representative may appoint any number of persons to assist the Engineer's Representative in
the carrying out of his duties under Sub-Clause 2.2. He shall notify to the Contractor the names, duties and scope of authority of such
persons. Such assistants shall have no authority to issue any instructions to the Contractor save in so far as such instructions may be
necessary to enable them to carry out their duties and to secure their acceptance of materials, Plant or workmanship as being in
accordance with the Contract, and any instructions given by any of them for those purposes shall be deemed to have been given by the
Engineer's Representative.
2.5 Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer considers it necessary to
give any such instruction orally, the Contractor shall comply with such instruction. Confirmation in writing of such oral instruction given
by the Engineer, whether before or after the carrying out of the instruction, shall be deemed to be an instruction within the meaning of
this Sub-Clause. Provided further that if the Contractor, within 7 days, confirms in writing to the Engineer any oral instruction of the
Engineer and such confirmation is not contradicted in writing within 7 days by the Engineer, it shall be deemed to be an instruction of the
Engineer.
© FIDIC 1987

Appointment of
Assistants

Instructions in
Writing

© FIDIC 1987