Appendix C Having used FIDIC 99 as the basis for identifying the modifications made within the analyzed contracts, it was necessary to understand the differences between FIDIC 87 and FIDIC 99. The below comparison provides an overview on what additions and enhancements were made to

FIDIC 87 reaching the form of FIDIC 99. This also shows the advantages of using FIDIC 99 as the form of general conditions over FIDIC 87, noting that the below comparison solely addresses the top 30 clauses identified through the analysis. Similar statements between FIDIC 87 and 99 are not copied in the below comparisons, but merely the ones which show the differences.

Points noted between FIDIC 87 and FIDIC 99: 1- Performance Security FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub-Clause 4.2: FIDIC 99 has added a provision addressing the If the terms of the Performance Security case when an expiry date is specified within specify its expiry date, and the Contractor has the Performance Security, while FIDIC 87 is not become entitled to receive the Performance silent regarding this point. However, it is Certificate by the date 28 days prior to the generally stated through both FIDIC editions expiry date, the Contractor shall extend the that the Performance Security shall be valid validity of the Performance Security until the until the completion of the Works and remedial Works have been completed and any defects of defects therein. have been remedied. Sub -Clause 10.3: Sub -Clause 4.2: FIDIC 87 has only required the Employer to Prior to making a claim under the performance The Employer shall not make a claim under the notify the Contractor whenever a claim under security the Employer shall, in every case, Performance Security, except for amounts to the Performance Security shall be made while notify the Contractor stating the nature of the which the Employer is entitled under the FIDIC 99 has detailed the cases that entitled default in respect of which the claim is to be Contract in the event of: the Employer to make a claim under the made. (a) failure by the Contractor to extend the Performance Security. Furthermore, FIDIC 99 validity of the Performance Security as has indemnified the Contractor harmless described in the preceding paragraph, in against any claims in relation to the which event the Employer may claim the Performance Security to the extent to which full amount of the Performance Security, the Employer is not entitled to make the claim. (b) failure by the Contractor to pay the Employer an amount due, as either agreed by the Contractor or determined under Sub-Clause 2.5 [ Employer’s Claims ] or Clause 20 [ Claims, Disputes and Arbitration ], within 42 days after this agreement or determination, (c) failure by the Contractor to remedy a default within 42 days after receiving the Employer’s notice requiring the default to be remedied, or (d) circumstances which entitle the Employer to termination under Sub- Clause 15.2 [Termination by Employer ], irrespective of whether notice of termination has been given.

The Employer shall indemnify and hold the Contractor harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from a claim under the Performance Security to the extent to which the Employer was not entitled to make the claim. Sub-Clause 10.2: Sub-Clause 4.2: Various minor differences were identified “The performance security shall be valid until “…the Performance Security is valid and between both editions of the FIDIC, such as the Contractor…” enforceable until the Contractor…” this example.

2- Programme of Works / Revised Programme Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 14.1: Sub -Clause 8.3: FIDIC 99 has specified a duration of 28 days The Contractor shall, within the time stated in The Contractor shall submit a detailed time while FIDIC 87 has referred to Part II of these Part II of these Conditions after the date of the programme to the Engineer within 28 days Conditions. Letter of Acceptance, submit to the Engineer after receiving the notice under Sub-Clause 8.1 for his consent a programme [Commencement of Works ]. Sub-Clause 14.1: Sub-Clause 8.3: FIDIC 87 has not specified certain … in such form and detail as the Engineer shall Each programme shall include: requirements for the programme, but has left reasonably prescribe, for the execution of the (a) the order in which the Contractor intends such requirements up to the Engineer’s Works. The Contractor shall, whenever to carry out the Works, including the reasonable prescription. required by the Engineer, also provide in anticipated timing of each stage of FIDIC 99, on the other hand, has stated writing for his information a general design (if any), Contractor’s specific requirements for the programme. description of the arrangements and methods Documents, procurement, manufacture which the Contractor proposes to adopt for the of Plant, delivery to Site, construction, execution of the Works.” erection and testing, (b) each of these stages for work by each nominated Subcontractor (as defined in Clause 5 [ Nominated Subcontractors ]), (c) the sequence and timing of inspections and tests specified in the Contract, and (d) a supporting report which includes: (i) a general description of the methods which the Contractor intends to adopt, and of the major stages, in the execution of the Works, and (ii) details showing the Contractor’s reasonable estimate of the number of each class of Contractor’s Personnel and of each type of Contractor’s Equipment, required on the Site for each major stage.

Sub-Clause 14.2: Sub-Clause 8.3: FIDIC 87 has made the requirement of If at any time it should appear to the Engineer The Contractor shall also submit a revised producing a revised programme up to when it that the actual progress of the Works does not programme whenever the previous programme appears to the Engineer that the actual progress conform to the programme to which consent is inconsistent with actual progress or with the of the Works does not conform the programme has been given under Sub-Clause 14.1, the Contractor’s obligations. to which consent has been given under Sub- Contractor shall produce, at the request of the Clause 14.1. Such a programme is required to Engineer, a revised programme showing the If, at any time, the Engineer gives notice to the show the modifications between both modifications to such programme necessary to Contractor that a programme fails (to the programmes that would allow ensuring ensure completion of the Works within the extent stated) to comply with the Contract or to completion of the Works within the Time for Time for Completion. be consistent with actual progress and the Completion. Contractor’s stated intentions, the Contractor FIDIC 99 has obliged the Contractor to submit shall submit a revised programme to the a revised programme whenever the previous Engineer in accordance with this Sub-Clause.” one is inconsistent with the actual progress or with the Contractor’s obligations, with no consideration as to what may “appear to the Engineer” regarding the progress of the Works, as well as whenever requested by the Engineer through a relevant notice. The requirements that are to be considered are the same as mentioned in the previous point. Sub -Clause 8.3: FIDIC 87 is silent regarding this point. Unless the Engineer, within 21 days after receiving a programme, gives notice to the Contractor stating the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the programme, subject to his other obligations under the Contract. The Employer’s Personnel shall be entitled to rely upon the programme when planning their activities.

Sub-Clause 8.3: FIDIC 87 is silent regarding this point. The Contractor shall promptly give notice to the Engineer of specific probable future events or circumstances which may adversely affect the work, increase the Contract Price or delay the execution of the Works. The Engineer may require the Contractor to submit an estimate of the anticipated effect of the future event or circumstances, and/or a proposal under Sub- Clause 13.3 [ Variation Procedure ].

3- Contract Price / Customs / Taxes Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 1.1 (e) “(i) “Contract Price” means Sub -Clause 1.1.4.2: FIDIC 87 has briefly referred to Contract Price the sum stated in the Letter of Acceptance as “Contract Price” means the price defined in as the sum required for the execution and payable to the Contractor for the execution and Sub-Clause 14.1 [ The Contract Price ], and completion of the Works, while FIDIC 99 has completion of the Works and the remedying of includes adjustments in accordance with the detailed a definition of “Contract Price” any defects therein in accordance with the Contract.” through Sub-Clause 14.1. The said Sub-Clause provisions of the Contract.” 14.1 has specified the inclusion of taxes, duties and fees related to the Contract within the Contract Price, as well as other detailed information.

Sub-Clause 26.1: Sub-Clause 1.13: FIDIC 87 and 99 have mainly included similar “The Contractor shall conform in all respects, “The Contractor shall, in performing the provisions with regards to compliance with including by the giving of all notices and the Contract, comply with applicable Laws. laws, statutes and regulations. paying of all fees, with the provisions of: Unless otherwise stated in the Particular (a) any National or State Statute, Ordinance, or Conditions: other Law, or any regulation, or bye-law of any local or other duly constituted authority in (a) the Employer shall have obtained (or relation to the execution and completion of the shall obtain) the planning, zoning or Works and the remedying of any defects similar permission for the Permanent therein, and Works, and any other permissions (b) the rules and regulations of all public described in the Specification as having bodies and companies whose property or rights been (or being) obtained by the are affected or may be affected in any way by Employer; and the Employer shall the Works, and the Contractor shall keep the indemnify and hold the Contractor Employer indemnified against all penalties and harmless against and from the liability of every kind for breach of any such consequences of any failure to do so; and provisions. (b) the Contractor shall give all notices, pay Provided always that the Employer shall be all taxes, duties and fees, and obtain all responsible for obtaining any planning, zoning permits, licences and approvals, as or other similar permission required for the required by the Laws in relation to the Works to proceed and shall indemnify the execution and completion of the Works Contractor in accordance with Sub-Clause and the remedying of any defects; and 22.3.” the Contractor shall indemnify and hold the Employer harmless against and from the consequences of any failure to do so.”

Sub -Clause 54.3: Sub -Clause 2.2: FIDIC 87 and 99 are similar with regards to “The Employer will use his best endeavours in The Employer shall (where he is in a position having the Employer assisting the Contractor assisting the Contractor, where required, in to do so) provide reasonable assistance to the with obtaining certain clearances to his best obtaining clearance through the Customs of Contractor at the request of the Contractor: endeavours or through the provision of Contractor's Equipment, materials and other (a) by obtaining copies of the Laws of the reasonable assistance. FIDIC 99 included more things required for the Works.” Country which are relevant to the Contract but requirements. are not readily available, and (b) for the Contractor’s applications for any permits, licences or approvals required by the Laws of the Country: (i)which the Contractor is required to obtain under Sub-Clause 1.13 [ Compliance with Laws ], (ii)for the delivery of Goods, including clearance through customs, and (iii)for the export of Contractor’s Equipment when it is removed from the Site. Sub-Clause 9.1: Sub-Clause 1.6: FIDIC 87 and 99 are mainly similar with “The Contractor shall, if called upon so to do, “The Parties shall enter into a Contract regards to the responsibility of paying costs (if enter into and execute the Contract Agreement, Agreement within 28 days after the Contractor to be prepared and completed at the cost of the receives the Letter of Acceptance, unless they any) related to entering into the Contract Employer, in the form annexed to these agree otherwise. The Contract Agreement shall Agreement, with minor wording differences. Conditions with such modification as may be be based upon the form annexed to the necessary.” Particular Conditions. The costs of stamp duties and similar charges (if any) imposed by law in connection with entry into the Contract Agreement shall be borne by the Employer.”

4- Language and Law Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 1.4: FIDIC 99 has added a provision addressing the The language for communications shall be that language of communication, while FIDIC 87 is stated in the Appendix to Tender. If no silent in this regard. No other considerable language is stated there, the language for differences were identified between FIDIC 87 communications shall be the language in and FIDIC 99. which the Contract (or most of it) is written

5- Priority of Contract Documents Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 5.2: Sub -Clause 1.5: FIDIC 99 has addressed some more documents (1) The Contract Agreement (if completed); (a) the Contract Agreement (if any), forming part of the Contract (i.e. Specification, (2) The Letter of Acceptance; (b) the Letter of Acceptance, Drawings and Schedules), and prioritized (3) The Tender; (c) the Letter of Tender, them. No other considerable differences were (4) Part II of these Conditions; (d) the Particular Conditions, identified between FIDIC 87 and FIDIC 99. (5) Part I of these Conditions; and (e) these General Conditions, (6) Any other document forming part of the (f) the Specification, Contract. (g) the Drawings, and (h) the Schedules and any other documents forming part of the Contract.

6- Health, Safety and Environment Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 19.1: Sub -Clause 4.8: FIDIC 99 has mainly covered the provisions The Contractor shall, throughout the execution The Contractor shall: included within FIDIC 87 with the exception and completion of the Works and the (a) comply with all applicable safety of minor differences. FIDIC 99 has required remedying of any defects therein: regulations, the Contractor to provide fencing, lighting, (a) have full regard for the safety of all persons (b) take care for the safety of all persons guarding and watching of the Works, while entitled to be upon the Site and keep the Site entitled to be on the Site, FIDIC 87 has required him to provide similar (so far as the same is under his control) and the (c) use reasonable efforts to keep the Site and items “when and where necessary or required Works (so far as the same are not completed or Works clear of unnecessary obstruction so as by the Engineer or by any duly constituted occupied by the to avoid danger to these persons, authority, for the protection of the Employer) in an orderly state appropriate to the (d) provide fencing, lighting, guarding and Works or for the safety and convenience of the avoidance of danger to such persons, watching of the Works until completion and public...” FIDIC 99 has added the provision of (b) provide and maintain at his own cost all taking over under Clause 10 [ Employer’s Temporary Works, as necessary, “for the use lights, guards, fencing, warning signs and Taking Over ], and and protection of the public and of owners…” watching, when and where necessary or (e) provide any Temporary Works (including FIDIC 99 has added various more provision, as required by the Engineer or by any duly roadways, footways, guards and fences) which shown below. constituted authority, for the protection of the may be necessary, because of the execution of Works or for the safety and convenience of the the Works, for the use and protection of the public or others, and public and of owners and occupiers of adjacent (c) take all reasonable steps to protect the land. environment on and off the Site and to avoid damage or nuisance to persons or to property The Contractor shall take all reasonable steps of the public or others resulting from pollution, to protect the environment (both on and off the noise or other causes arising as a consequence Site) and to limit damage and nuisance to of his methods of operation. people and property resulting from pollution, noise and other results of his operations.

Sub -Clause 4.18: FIDIC 99 has speci fied a limit for emission, The Contractor shall ensure that emissions, surface discharges and effluent while FIDIC surface discharges and effluent from the 87 is silent in this regard. Contractor’s activities shall not exceed the values indicated in the Specification, and shall not exceed the values prescribed by applicable Laws. Unless otherwise stated in the Particular FIDIC 99 has addressed the authorization of Conditions: persons allowed to stay onsite, while FIDIC 87 (a) the Contractor shall be responsible for is silent in this regard. keeping unauthorised persons off the Site, and (b) authorised persons shall be limited to the Contractor’s Personnel and the Employer’s Personnel; and to any other personnel notified to the Contractor, by the Employer or the Engineer, as authorised personnel of the Employer’s other contractors on the Site. Sub-Clause 6.7: FIDIC 99 has addressed and detailed Health The Contractor shall at all times take all and Safety Measures that are required onsite reasonable precautions to maintain the health while FIDIC 87 is silent in this regard. and safety of the Contractor’s Personnel. In collaboration with local health authorities, the Contractor shall ensure that medical staff, first aid facilities, sick bay and ambulance service are available at all times at the Site and at any accommodation for Contractor’s and Employer’s Personnel, and that suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics. The Contractor shall appoint an accident prevention officer at the Site, responsible for maintaining safety and protection against accidents. This person shall be qualified for this responsibility, and shall have the authority to issue instructions and take protective measures to prevent accidents. Throughout the execution of the Works, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority. The Contractor shall send, to the Engineer, details of any accident as soon as practicable after its occurrence. The Contractor shall maintain records and make reports concerning health, safety and welfare of persons, and damage to property, as the Engineer may reasonably require.

7- Variations Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 13.1: FIDIC 99 has specified the time by which Variations may be initiated by the Engineer at variations may be initiated, while FIDIC 87 is any time prior to issuing the Taking-Over silent in this regard. Certificate for the Works, either by an instruction or by a request for the Contractor to submit a proposal. Sub-Clause 13.1: FIDIC 99 has bounded the Contractor by each The Contractor shall execute and be bound by variation and provided him a room for each Variation, unless the Contractor promptly objecting against following variations gives notice to the Engineer stating (with whenever he is unable to obtain related Goods. supporting particulars) that the Contractor cannot readily obtain the Goods required for the Variation. Sub -Clause 51.1: Sub -Clause 13.1: Minor differences we re identified between (a) increase or decrease the quantity of any (a) changes to the quantities of any item of FIDIC 87 and FIDIC 99 with regards to this work included in the Contract, work included in the Contract (however, such point. (b) omit any such work (but not if the omitted changes do not necessarily constitute a work is to be carried out by the Employer or by Variation), another contractor), (b) changes to the quality and other (c) change the character or quality or kind of characteristics of any item of work, any such work, (c) changes to the levels, positions and/or (d) change the levels, lines, position and dimensions of any part of the Works, dimensions of any part of the Works, (d) omission of any work unless it is to be (e) execute additional work of any kind carried out by others, necessary for the completion of the Works, or (e) any additional work, Plant, Materials or (f) change any specified sequence or timing of services necessary for the Permanent Works, construction of any part of the Works. including any associated Tests on Completion, boreholes and other testing and exploratory work, or (f) changes to the sequence or timing of the execution of the Works. Sub-Clause 51.1: FIDIC 87 has addressed the effect of variations No such variation shall in any way vitiate or on the Contract, and deemed the Contractor invalidate the Contract, but the effect, if any, responsible for any costs arising due to a of all such variations shall be valued in variation necessitated due to his default. FIDIC accordance with Clause 52. Provided that 99 is silent in this regard. where the issue of an instruction to vary the Works is necessitated by some default of or breach of contract by the Contractor or for which he is responsible, any additional cost attributable to such default shall be borne by the Contractor. Sub -Clause 51.2: Sub -Clause 13.1: Both forms have addressed the increase or Provided that no instruction shall be required (a) changes to the quantities of any item of decrease of quantities; however, FIDIC 87 has for increase or decrease in the quantity of any work included in the Contract (however, such stated such changes shall not be deemed as work where such increase or decrease is not the changes do not necessarily constitute a variations unless they are instructed under the result of an instruction given under this Clause, Variation), relevant Sub-Clause, while FIDIC 99 has but is the result of the quantities exceeding or generally stated that such changes may not being less than those stated in the Bill of necessarily constitute a variation. Quantities. Sub-Clause 13.3: FIDIC 99 has allowed for requesting If the Engineer requests a proposal, prior to proposals, prior to instructing variations, by instructing a Variation, the Contractor shall the Engineer, and provided the relevant respond in writing as soon as practicable, procedures to be followed. FIDIC 87 is silent either by giving reasons why he cannot comply in this regard. (if this is the case) or by submitting:

(a) a description of the proposed work to be performed and a programme for its execution, (b) the Contractor’s proposal for any necessary modifications to the programme according to Sub-Clause 8.3 [Programme ] and to the Time for Completion, and (c) the Contractor’s proposal for evaluation of the Variation.

The Engineer shall, as soon as practicable after receiving such proposal (under Sub-Clause 13.2 [ Value Engineering ] or otherwise), respond with approval, disapproval or comments. The Contractor shall not delay any work whilst awaiting a response. Each instruction to execute a Variation, with any requirements for the recording of Costs, shall be issued by the Engineer to the Contractor, who shall acknowledge receipt.

Each Variation shall be evaluated in accordance with Clause 12 [ Measurement and Evaluation ], unless the Engineer instructs or approves otherwise in accordance with this Clause. Sub-Clause 52.1: Sub-Clause 12.3: Both forms have specified the use of the All variations referred to in Clause 51 and any Except as otherwise stated in the Contract, the applicable rates and prices set in the Contractor additions to the Contract Price which are Engineer shall proceed in accordance with for the evaluation purposes. Whenever there required to be determined in accordance with Sub-Clause 3.5 [ Determinations ] to agree or are no applicable rates and prices, FIDIC 87 Clause 52 (for the purposes of this Clause determine the Contract Price by evaluating has specified that rates and prices in the referred to as “varied work”), shall be valued each item of work, applying the measurement Contract shall be used as the basis for at the rates and prices set out in the Contract if, agreed or determined in accordance with the valuation, while FIDIC 99 has specified the in the opinion of the Engineer, the same shall above Sub-Clauses 12.1 and 12.2 and the use of those specified for similar work. FIDIC be applicable. If the Contract does not contain appropriate rate or price for the item. 99 has provided certain conditions for the any rates or prices applicable to the varied For each item of work, the appropriate rate or appropriateness of a new rate or price for an work, the rates and prices in the Contract shall price for the item shall be the rate or price item of work, while FIDIC 87 has left such a be used as the basis for valuation so far as may specified for such item in the Contract or, if matter open to the agreement between the be reasonable, failing which, after due there is no such item, specified for similar Engineer and the Contractor. Both forms have consultation by the Engineer with the work. However, a new rate or price shall be allowed for determining a certain rate or price Employer and the Contractor, suitable rates or appropriate for an item of work if: by the Engineer to be used for interim prices shall be agreed upon between the (a) (i) the measured quantity of the item is payments until such an agreement is reached. Engineer and the Contractor. In the event of changed by more than 10% from the disagreement the Engineer shall fix such rates quantity of this item in the Bill of or prices as are, in his opinion, appropriate and Quantities or other Schedule shall notify the Contractor accordingly, with a (ii) this change in quantity multiplied copy to the Employer. Until such time as rates by such specified rate for this item or prices are agreed or fixed, the Engineer shall exceeds 0.01% of the Accepted determine provisional rates or prices to enable Contract Amount, on-account payments to be included in (iii) this change in quantity directly certificates issued in accordance with Clause changes the Cost per unit quantity of 60. this item by more than 1%, and (iv) this item is not specified in the Contract as a “fixed rate item”; Or (b) (i) the work is instructed under Clause 13 [ Variations and Adjustments ], (ii) no rate or price is specified in the Contract for this item, and (iii) no specified rate or price is appropriate because the item of work is not of similar character, or is not executed under similar conditions, as any item in the Contract. Each new rate or price shall be derived from any relevant rates or prices in the Contract, with reasonable adjustments to take account of the matters described in sub -paragraph (a) and/or (b), as applicable. If no rates or prices are relevant for the derivation of a new rate or price, it shall be derived from the reasonable Cost of executing the work, together with reasonable profit, taking account of any other relevant matters.

Until such time as an appropriate rate or price is agreed or determined, the Engineer shall determine a provisional rate or price for the purposes of Interim Payment Certificates.

8- Payment Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 60.2: Sub -Clause 14.6: No considerable differences were identified Provided that the Engineer shall not be bound However, prior to issuing the Taking-Over between FIDIC 87 and 99 with regards to to certify any payment under this Sub-Clause Certificate for the Works, the Engineer shall Minimum amount of Interim payment if the net amount thereof, after all retentions not be bound to issue an Interim Payment Certificates other than that FIDIC 99 has and deductions, would be less than the Certificate in an amount which would (after required the Engineer to notify the Contractor Minimum Amount of Interim Payment retention and other deductions) be less than the accordingly. Certificates stated in the Appendix to Tender. minimum amount of Interim Payment Certificates (if any) stated in the Appendix to Tender. In this event, the Engineer shall give notice to the Contractor accordingly. Sub -Clause 14.6: FIDIC 99 has stated the cases which may lead An Interim Payment Certificate shall not be to withholding the Interim Payment withheld for any other reason, although: Certificates, while FIDIC 87 is silent in this (a) if any thing supplied or work done by the regard. 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. Sub-Clause 60.4: Sub-Clause 14.6: Minor differences in wording have been The Engineer may in any Payment Certificate identified between FIDIC 87 and 99 with The Engineer may by any Interim Payment make any correction or modification that regards to correction of certificates. FIDIC 87 Certificate make any correction or should properly be made to any previous has elaborated on the reason that would allow modification in any previous Interim Payment Payment Certificate. A Payment Certificate the Engineer to correct any payment Certificate which shall have been issued by shall not be deemed to indicate the Engineer’s certificate, as opposed to FIDIC 99, which was him and shall have authority, if any work is not acceptance, approval, consent or satisfaction. brief in this regard. FIDIC 99 has added that being carried out to his satisfaction, to omit or payment certificates are not “deemed to reduce the value of such work in any Interim indicate the Engineer’s acceptance, approval, Payment Certificate. consent or satisfaction.” Sub-Clause 14.7: FIDIC 99 has added a provision related to the The Employer shall pay to the Contractor: payment of the Advance Payment, while (a) the first instalment of the advance FIDIC 87 does not include provisions related payment within 42 days after issuing the to Advance Payment. 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;

Sub-Clause 60.10: Sub-Clause 14.7: FIDIC 87 has required the Employer to pay the The amount due to the Contractor under any The Employer shall pay to the Contractor: Contractor within 28 days after the time by Interim Payment Certificate issued by the (b) the amount certified in each Interim which the Interim Payment Certificate has Engineer pursuant to this Clause, or to any Payment Certificate within 56 days after been delivered to the Employer, while FIDIC other term of the Contract, shall, subject to the Engineer receives the Statement and 99 has required such payment to be made Clause 47, be paid by the Employer to the supporting documents; and within 56 days after the Engineer received the Contractor within 28 days after such Interim statement and supporting documents. Payment Certificate has been delivered to the Employer… Sub-Clause 60.10: Sub-Clause 14.8: FIDIC 87 has required the Employer to pay an In the event of the failure of the Employer to If the Contractor does not receive payment in interest at the rate stated in the Appendix to make payment within the times stated, the accordance with Sub-Clause 14.7 [ Payment ], Tender in case it failed to make the Employer shall pay to the Contractor interest the Contractor shall be entitled to receive Contractor’s payment within the specified at the rate stated in the Appendix to Tender financing charges compounded monthly on the times. FIDIC 99 has entitled the Contractor to upon all sums unpaid from the date by which amount unpaid during the period of delay… receive financing charges for the same, for the same should have been paid. Unless otherwise stated in the Particular which criterion of calculation was provided. Conditions, these financing charges shall be calculated at the annual rate of three percentage points above the discount rate of the central bank in the country of the currency of payment, and shall be paid in such currency. The Contractor shall be entitled to this payment without formal notice or certification, and without prejudice to any other right or remedy.

9- Insurance Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 21.1: Sub -Clause 18.1: FIDIC 87 has deemed the Contractor as the The Contractor shall, without limiting his or In this Clause, “insuring Party” means, for party that shall make the insurances as required the Employer’s obligations and responsibilities each type of insurance, the Party responsible by the Contract, while FIDIC 99 has added the under Clause 20, insure: … for effecting and maintaining the insurance possibility that the Employer might become specified in the relevant Sub-Clause. the insuring party, and has set different requirements based on each possibility. Wherever the Contractor is the insuring Party, each insurance shall be effected with insurers and in terms approved by the Employer. These terms shall be…

Wherever the Employer is the insuring Party, each insurance shall be effected with insurers and in terms consistent with the details annexed to the Particular Conditions. Sub-Clause 25.1: Sub-Clause 18.1: FIDIC 87 has detailed the requirements for The Contractor shall provide evidence to the The relevant insuring Party shall, within the submitting certain insurance evidences and Employer prior to the start of work at the Site respective periods stated in the Appendix to polices, while FIDIC 99 has briefed these that the insurances required under the Contract Tender (calculated from the Commencement requirements through references to the have been effected and shall, within 84 days of Date), submit to the other Party: Appendix to Tender and other Sub-Clause of the Commencement Date, provide the (a) evidence that the insurances described in the Contract. Minor differences were identified insurance policies to the Employer. When this Clause have been effected, and between the two forms in relation with this providing such evidence and such policies to (b) copies of the policies for the insurances provision. the Employer, the Contractor shall notify the described in Sub-Clause 18.2 [ Insurance Engineer of so doing. Such insurance policies for Works and Contractor’s Equipment ] shall be consistent with the general terms and Sub-Clause 18.3 [ Insurance against agreed prior to the issue of the Letter of Injury to Persons and Damage to Acceptance. The Contractor shall effect all Property ]. insuranc es for which he is responsible with insurers and in terms approved by the Employer. Sub-Clause 25.2: Sub-Clause 18.1: Minor differences were identified between the The Contractor shall notify the insurers of When each premium is paid, the insuring Party two forms with regards to this provision, such changes in the nature, extent or programme for shall submit evidence of payment to the other as requiring the insuring Party to notify the the execution of the Works and ensure the Party. Whenever evidence or policies are Engineer whenever evidences or policies are adequacy of the insurances at all times in submitted, the insuring Party shall also give submitted through FIDIC 99, while FIDIC 87 accordance with the terms of the Contract and notice to the Engineer. is silent in this regard. Moreover, FIDIC 99 has shall, when required, produce to the Employer Each Party shall comply with the conditions required the insuring Party to submit evidence the insurance policies in force and the receipts stipulated in each of the insurance policies. of payment to the other Party, while FIDIC 87 for payment of the current premiums. The insuring Party shall keep the insurers has not introduced this as an obligation to be informed of any relevant changes to the fulfilled in all circumstances, but only “when execution of the Works and ensure that required” by the Employer. insurance is maintained in accordance with this Clause. Sub-Clause 18.1: FIDIC 99 has required the insuring Party to Neither Party shall make any material notify the other whenever any changes to the alteration to the terms of any insurance without terms of any insurance may take place, without the prior approval of the other Party. If an approval the approval of the other, while insurer makes (or attempts to make) any FIDIC 87 is silent in this regard. alteration, the Party first notified by the insurer shall promptly give notice to the other Party. Sub-Clause 21.3: Sub-Clause 18.1: FIDIC 87 has referred to Clause 20 for which Any amounts not insured or not recovered Nothing in this Clause limits the obligations, provision shall apply in relation to any from the insurers shall be borne by the liabilities or responsibilities of the Contractor amounts not insured or not recovered from the Employer or the Contractor in accordance with or the Employer, under the other terms of the insurers. The said Clause has detailed the their responsibilities under Clause 20. Contract or otherwise. Any amounts not liabilities and obligations of the Contractor and insured or not recovered from the insurers shall the Employer in relation to the “Care of be borne by the Contractor and/or the Works” and “Responsibility to Rectify Loss or Employer in accordance with these Damage”. FIDIC 99 has required the insuring obligations, liabilities or responsibilities. Party to pay for the amounts that should have However, if the insuring Party fails to effect been recoverable under the in surance with and keep in force an insurance which is regards to the same. available and which it is required to effect and maintain under the Contract, and the other Party neither approves the omission nor effects insurance for the coverage relevant to this default, any moneys which should have been recoverable under this insurance shall be paid by the insuring Party. Sub-Clause 25.3: Sub-Clause 18.1: Various differences were identified between If the Contractor fails to effect and keep in If the insuring Party fails to effect and keep in the two FIDIC forms with regards to failure to force any of the insurances required under the force any of the insurances it is required to effect and keep in force insurances. FIDIC 87 Contract, or fails to provide the policies to the effect and maintain under the Contract, or fails has unified the consequences of the said failure Employer within the period required by Sub- to provide satisfactory evidence and copies of with the provision of the policies to Employer Clause 25.1, then and in any such case the policies in accordance with this Sub-Clause, within specified time frame while FIDIC 99 Employer may effect and keep in force any the other Party may (at its option and without has unified the same with the failure to provide such insurances and pay any premium as may prejudice to any other right or remedy) effect satisfactory evidence and copies of policies. be necessary for that purpose and from time to insurance for the relevant coverage and pay the FIDIC 87 has specified that such a failure shall time deduct the amount so paid from any premiums due. The insuring Party shall pay the allow the Employer to effect and keep in force monies due or to become due to the Contractor, amount of these premiums to the other Party, any such insurances and pay the premium, for or recover the same as a debt due from the and the Contract Price shall be adjusted which value would be deducted from the Contractor. accordingly. Contractor through certain ways of deduction. FIDIC 99 has allowed the other party to effect insurance for the relevant coverage and pay the premiums due, and required the insuring Party to pay the amounts resulting from this failure without further details. Sub-Clause 21.1: Sub-Clause 18.2: FIDIC 87 has required the insurance related to The Contractor shall, without limiting his or The insuring Party shall insure the the Contractor’s Equipment to be for a sum the Employer’s obligations and responsibilities Contractor’s Equipment for not less than the sufficient to provide for their replacement at under Clause 20, insure: full replacement value, including delivery to the Site, while FIDIC 99 has required the same Site. For each item of Contractor’s Equipment, to be for not less than the full replacement (c) the Contractor’s Equipment and other the insurance shall be effective while it is being value including delivery to Site. FIDIC 99 has things brought onto the Site by the Contractor, transported to the Site and until it is no longer required that such insurance shall be effective for a sum sufficient to provide for their required as Contractor’s Equipment. while it is being transported to the Site and replacement at the Site. until it is no longer required as Contractor’s equipment, while FIDIC 87 is silent in this regard. Sub-Clause 21.4: Sub-Clause 18.2: Various differences were noted in the There shall be no obligation for the insurances Unless otherwise stated in the Particular exclusions related to insurances between the in Sub-Clause 21.1 to include loss or damage Conditions, insurances under this Sub-Clause: two forms of FIDIC as herein shown through caused by: (d) shall also cover loss or damage to a part of the contents of the compared Sub-Clauses. (a) war, hostilities (whether war be declared or the Works which is attributable to the use or not), invasion, act of foreign enemies, occupation by the Employer of another part of (b) rebellion, revolution, insurrection, or the Works, and loss or damage from the risks military or usurped power, or civil war, listed in sub-paragraphs (c), (g) and (h) of Sub- (c) ionising radiations, or contamination by Clause 17.3 [ Employer’s Risks ], excluding (in radio-activity from any nuclear fuel, or from each case) risks which are not insurable at any nuclear waste from the combustion of commercially reasonable terms, with nuclear fuel, radio-active toxic explosive or deductibles per occurrence of not more than other hazardous properties of any explosive the amount stated in the Appendix to Tender nuclear assembly or nuclear component (if an amount is not so stated, this sub- thereof, or paragraph (d) shall not apply),… (d) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic Unless otherwise stated in the Particular speeds. Conditions, insurances under this Sub-Clause: (e) may however exclude loss of, damage to, and reinstatement of: (i) a part of the Works which is in a defective condition due to a defect in its design, materials or workmanship (but cover shall include any other parts which are lost or damaged as a direct result of this defective condition and not as described in sub -para graph (ii) below), (ii) a part of the Works which is lost or damaged in order to reinstate any other part of the Works if this other part is in a defective condition due to a defect in its design, materials or workmanship, (iii) a part of the Works which has been taken over by the Employer, except to the extent that the Contractor is liable for the loss or damage, and (iv) Goods while they are not in the Country, subject to Sub-Clause 14.5 [Plant and Materials intended for the Works ]. Sub-Clause 18.2: FIDIC 99 has specified the consequences that If, more than one year after the Base Date, the shall take place should a described cover cover described in sub-paragraph (d) above related to certain risks ceases to be available at ceases to be available at commercially commercially reasonable terms, while FIDIC reasonable terms, the Contractor shall (as 87 is silent in this regard. insuring Party) give notice to the Employer, with supporting particulars. The Employer shall then (i) be entitled subject to Sub-Clause 2.5 [ Employer’s Claims ] to payment of an amount equivalent to such commercially reasonable terms as the Contractor should have expected to have paid for such cover, and (ii) be deemed, unless he obtains the cover at commercially reasonable terms, to have approved the omission under Sub-Clause 18.1 [General Requirements for Insurances ]. Sub-Clause 21.1: Sub-Clause 18.2: FIDIC 87 has required the Contractor to insure The insuring Party shall insure the Works, the Works, plant and materials to their full The Contractor shall, without limiting his or Plant, Materials and Contractor’s Documents replacement cost with an additional sum of 15 the Employer’s obligations and responsibilities for not less than the full reinstatement cost per cent of such cost to cover for any additional under Clause 20, insure: including the costs of demolition, removal of costs, while FIDIC 99 has required the insuring (a) the Works, together with materials and debris and professional fees and profit. Party to insure for the same in addition to the Plant for incorporation therein, to the full Contractor’s Documents for not less than the replacement cost (the term "cost" in this full reinstatement cost including other context shall include profit), additional costs. (b) an additional sum of 15 per cent of such replacement cost, or as may be specified in Part II of these Conditions, to cover any additional costs of and incidental to the rectification of loss or damage including professional fees and the cost of demolishing and removing any part of the Works and of removing debris of whatsoever nature, and

10- Extension of Time for Completion Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 44.1: Sub -Clause 18.4: FIDIC 87 has provided similar events to FIDIC (e)other special circumstances which may (d) Unforeseeable shortages in the 99 that entitle the Contractor to extension of occur, other than through a default of or breach availability of personnel or Goods time, except for point (e) of FIDIC 87 and of contract by the Contractor or for which he is caused by epidemic or governmental point (d) of FIDIC 99. The said point (e) responsible, actions, entitles the Contractor to extension of time for special circumstances which may occur other than through a default or a breach of contract by the Contractor, leaving a room for uncertainty as to what could be deemed as special circumstances. FIDIC 99 has avoided such an uncertainty through point (d) by specifying certain circumstances that would entitle the Contractor to extension of time, such as unforeseeable shortages in the availability of personnel or Goods caused by epidemic or governmental actions. Other minor differences were noted between the two forms.

11- Arbitration Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 67.3: Sub -Clause 20.6: Minor differences were no ted between FIDIC Any dispute in respect of which: Unless settled amicably, any dispute in respect 87 and FIDIC 99. FIDIC 87 has mentioned the (a) the decision, if any, of the Engineer has not of which the DAB’s decision (if any) has not Engineer’s decision while FIDIC 99 has become final and binding pursuant to Sub- become final and binding shall be finally mentioned the DAB’s (Dispute Adjudication Clause 67.1, and settled by international arbitration. Board) decision due to the fact that FIDIC 87 does not include provisions relevant to the formation of a DAB. Sub-Clause 67.3: Sub-Clause 20.6: FIDIC 87 has specified that the settlement of shall be finally settled, unless otherwise (b) the dispute shall be settled by three disputes would be implemented by one or more specified in the Contract, under the Rules of arbitrators appointed in accordance with arbitrators, while FIDIC 99 has specified three Conciliation and Arbitration of the these Rules, and arbitrators. International Chamber of Commerce by one or more arbitrators appointed under such Rules.

12- Engineer’s Duties and Authority Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 3.1: FIDIC 99 has addressed the Engineer’s staff The Engineer’s staff shall include suitably with regards to their qualifications, while qualified engineers and other professionals FIDIC 87 is silent in this regard. who are competent to carry out these duties. Sub-Clause 3.1: FIDIC 99 has specified that the Engineer shall The Engineer shall have no authority to amend have no authority to amend the Contract, while the Contract. FIDIC 87 is silent in this regard. Sub-Clause 2.1: Sub-Clause 3.1: Minor differences were identified between (b) The Engineer may exercise the authority The Engineer may exercise the authority FIDIC 87 and 99 with regards to this point specified in or necessarily to be implied from attributable to the Engineer as specified in or except that FIDIC 99 has added the the Contract, provided, however, that if the necessarily to be implied from the Contract. If Employer’s undertaking “not to impose further Engineer is required, under, the terms of his the Engineer is required to obtain the approval constraints on the Engineer’s authority, except appointment by the Employer, to obtain the of the Employer before exercising a specified as agreed with the Contractor.” specific approval of the Employer before authority, the requirements shall be as stated in exercising any such authority, particulars of the Particular Conditions. The Employer such requirements shall be set out in Part II of undertakes not to impose further constraints on these Conditions. Provided further that any the Engineer’s authority, except as agreed with requisite approval shall be deemed to have the Contractor. been given by the Employer for any such authority exercised by the Engineer. However, whenever the Engineer exercises a specified authority for which the Employer’s approval is required, then (for the purposes of the Contract) the Employer shall be deemed to have given approval. Sub -Clause 3.1: FIDIC 99 has specified that the Engineer shall whenever carrying out duties or exercising be deemed to act for the Employer whenever authority, specified in or implied by the carrying out duties in accordance to the Contract, the Engineer shall be deemed to act for the Employer; Contract, while FIDIC 87 is silent in this regard. Sub -Clause 3.1: FIDIC 99 has added a provision tha t deems the (c) any approval, check, certificate, consent, approvals and other actions by the Engineer as examination, inspection, instruction, acts that do not relieve the Contractor from his notice, proposal, request, test, or similar act responsibilities under the Contract, while by the Engineer (including absence of FIDIC 87 is silent in this regard. disapproval) shall not relieve the Contractor from any responsibility he has under the Contract, including responsibility for errors, omissions, discrepancies and non-compliances.

13- Advance Payment – Covered under point no. 9 above “Payment” 14- Confidential Details FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub-Clause 1.12: FIDIC 99 has addressed confidential details, The Contractor shall disclose all such while FIDIC 87 is silent in this regard. confidential and other information as the Engineer may reasonably require in order to verify the Contractor’s compliance with the Contract.

15- Drawings Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 6.1: Sub -Clause 1.8: FIDIC 87 has made the custody of the The Drawings shall remain in the sole custody The Specification and Drawings shall be in the drawings to remain with the Engineer while of the Engineer… custody and care of the Employer. made it with the Employer within FIDIC 99. FIDIC 99 has specified the custody of the specifications along with the drawings, while FIDIC 87 is silent in this regard. Sub-Clause 6.1: FIDIC 87 has limited the use of the documents Unless it is strictly necessary for the purposes provided by the Employer to the Contractor, of the Contract, the Drawings, Specification requiring him to obtain a consent from the and other documents provided by the Engineer in case it decided to share the use Employer or the Engineer shall not, without with third parties. the consent of the Engineer, be used or communicated to a third party by the Contractor. Sub -Clause 6.1: Sub -Clause 1.8: FIDIC 87 has required returning the Upon issue of the Defects Liability Certificate, Each of the Contractor’s Documents shall be in documents provided to the Contractor upon the Contractor shall return to the Engineer all the custody and care of the Contractor, unless issue of the Defects Liability Certificate, while Drawings, Specification and other documents and until taken over by the Employer. FIDIC 99 has kept the custody and care of the provided under the Contract. same with the Contractor until taken over by the Employer. Sub-Clause 6.1: Sub-Clause 1.8: FIDIC 87 has required the Contractor to supply The Contractor shall supply to the Engineer Unless otherwise stated in the Contract, the the Engineer with four copies of all documents four copies of all Drawings, Specification and Contractor shall supply to the Engineer six submitted by him along with reproducible other documents submitted by the Contractor copies of each of the Contractor’s Documents. copies pertaining to certain conditions. FIDIC and approved by the Engineer in accordance 99 has merely required the Contractor to with Clause 7, together with a reproducible provide six copies of the same documents. copy of any material which cannot be reproduced to an equal standard by photocopying. Sub -Clause 6.1: FIDIC 87 has required the Contractor to supply In addition the Contractor shall supply such further copies upon request by the Engineer on further copies of such Drawings, Specification the cost of the Employer, while FIDIC 99 is and other documents as the Engineer may silent in this regard. request in writing for the use of the Employer, who shall pay the cost thereof. Sub-Clause 1.8: FIDIC 99 has required all parties to report to If a Party becomes aware of an error or defect the others any identified technical error or of a technical nature in a document which was defect, while FIDIC 87 has covered the same prepared for use in executing the Works, the under a different Sub-Clause, being Sub- Party shall promptly give notice to the other Clause 8.1. Party of such error or defect. Sub-Clause 6.4: Sub-Clause 1.9: FIDIC 87 has linked the Engineer’s failure to If, by reason of any failure or inability of the The Contractor shall give notice to the provide necessary drawings or instructions Engineer to issue, within a time reasonable in Engineer whenever the Works are likely to be with Sub-Clause 63, while FIDIC 99 has not all the circumstances, any drawing or delayed or disrupted if any necessary drawing made a similar link, leaving less restrictions on instruction for which notice has been given by or instruction is not issued to the Contractor the Contractor with regards to requesting a the Contractor in accordance with Sub-Clause within a particular time, which shall be compensation resulting from such failure. 63, the Contractor suffers delay and/or incurs reasonable. The notice shall include details of FIDIC 99 has required the Contractor to costs then the Engineer shall, after due the necessary drawing or instruction, details of provide a detailed notice with certain consultation with the Employer and the why and by when it should be issued, and requirements prior to experiencing impacts of Contractor, determine: details of the nature and amount of the delay or any delayed drawing or instruction, while disruption likely to be suffered if it is late. FIDIC 87 has not made similar requirements, leading to requiring one notice in accordance If the Contractor suffers delay and/or incurs to FIDIC 87 and two in accordance to FIDIC Cost as a result of a failure of the Engineer to 99 in this regard. issue the notified drawing or instruction within a time which is reasonable and is specified in the notice with supporting details, the Contractor shall give a further notice to the Engineer and shall be entitled subject to Sub - Clause 20.1 [ Contractor’s Claims ] to: Sub -Clause 6.5: Sub -Clause 1.9: FIDIC 87 has specified that the Engineer shall If the failure or inability of the Engineer to However, if and to the extent that the take into account any failure by the Contractor, issue any drawings or instructions is caused in Engineer’s failure was caused by any error or which has led to the Engineer’s failure to issue whole or in part by the failure of the Contractor delay by the Contractor, including an error in, any drawings or instructions, while making his to submit Drawings, Specification or other or delay in the submission of, any of the determination for the Contractor’s entitlement, documents which he is required to submit Contractor’s Documents, the Contractor shall if any. FIDIC 99 has not allowed any under the Contract, the Engineer shall take not be entitled to such extension of time, Cost entitlement to the Contractor for the same. such failure by the Contractor into account or profit. when making his determination pursuant to Sub- Clause 6.4.

16- Monthly Statements Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 60.1: Sub -Clause 14.3: Minor differences were identified between The Contractor shall submit to the Engineer The Contractor shall submit a Statement in six FIDIC 87 and FIDIC 99, expect that FIDIC 99 after the end of each month six copies, each copies to the Engineer after the end of each has specified that progress reports are required signed by the Contractor’s representative month, in a form approved by the Engineer, as part of the supporting documents required. approved by the Engineer in accordance with showing in detail the amounts to which the Sub-Clause 15.1, of a statement, in such form Contractor considers himself to be entitled, as the Engineer may from time to time together with supporting documents which prescribe, showing the amounts to which the shall include the report on the progress during Contractor considers himself to be entitled up this month in accordance with Sub-Clause to the end of the month… 4.21 [ Progress Reports ]. Sub -Clause 60.1: Sub -Clause 14.3: FIDIC 99 has added the requirement of (a) the value of the Permanent Works (a)the estimated contract value of the Works Contractor’s Documents to be submitted along executed, executed and the Contractor’s Documents with the estimated contract value of the Works produced up to the end of the month (including executed up to the end of the month, as Variations but excluding items described in opposed to FIDIC 87 which has briefly sub-paragraphs (b) to (g) below); mentioned the requirement of the value of the Permanent Works executed. Sub-Clause 14.3: FIDIC 99 has required the submission of any (c) any amount to be deducted for retention, amount to be deducted for retention, while calculated by applying the percentage of FIDIC 87 is silent in this regard in relation with retention stated in the Appendix to Tender to Sub-Clause 60.1. Payment of Retention has the total of the above amounts, until the been addressed by FIDIC 87 separately amount so retained by the Employer reaches through Sub-Clause 60.3. the limit of Retention Money (if any) stated in the Appendix to Tender; Sub -Clause 14.3: FIDIC 99 has required the submission of any (d) any amounts to be added and deducted for amount to be added and deducted for the the advance payment and repayments in advance payment, while FIDIC 87 is silent in accordance with Sub -Clause 14.2 [ Advance this regard as it does not have a provision for Payment ]; advance payment. Sub -Clause 60.2: FIDIC 87 has specifically mentioned the items (b) any other items in the Bill of Quantities in the Bill of Quantities, including Contractor’s including those for Contractor’s Equipment, Equipment, Temporary Works, dayworks and Temporary Works, dayworks and the like, the like, while FIDIC 99 has not approached this matter in such details. Sub-Clause 60.2: Sub-Clause 14.3: Minor differences were identified between the (e) any other sum to which the Contractor may (f) any other additions or deductions which two form except that FIDIC 99 has mentioned be entitled under the Contract or otherwise. may have become due under the Contract or the inclusion of Clause 20 as a requirement otherwise, including those under Clause 20 under this provision. [Claims, Disputes and Arbitration ]; and Sub-Clause 14.3: FIDIC 99 has required the deduction of (g) the deduction of amounts certified in all amounts certified in all previous Payment previous Payment Certificates. Certificates as a requirement, while FIDIC 87 is silent regarding any deductions’ requirements.

17- Increase or Decrease in Cost Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 13.8: FIDIC 99 has included a provision for a “table In this Sub-Clause, “table of adjustment data” of adjustment data”, and deemed this Sub- means the completed table of adjustment data Clause inapplicable in case this table was not included in the Appendix to Tender. If there is included within the Appendix to Tender. no such table of adjustment data, this Sub- FIDIC 87 has not accounted for a similar Clause shall not apply. provision. Sub-Clause 70.1: Sub-Clause 13.8: FIDIC 87 has allowed the rise or fall in cost to There shall be added to or deducted from the If this Sub-Clause applies, the amounts determined in accordance with Part II of Contract Price such sums in respect of rise or payable to the Contractor shall be adjusted for “these” conditions; however, FIDIC 99 has fall in the cost of labour and/or materials or any rises or falls in the cost of labour, Goods and specified that such determination would be other matters affecting the cost of the other inputs to the Works, by the addition or made using a formulae prescribed within the execution of the Works as may be determined deduction of the amounts determined by the relevant Sub-Clause. in accordance with Part II of these Conditions. formulae prescribed in this Sub-Clause. Sub -Clause 13.8: FIDIC 99 has deemed any rise or fall not To the extent that full compensation for any covered by the provisions of the Clauses of rise or fall in Costs is not covered by the these Conditions as included within the provisions of this or other Clauses, the Accepted Contract Amount, while FIDIC 87 is Accepted Contract Amount shall be deemed to silent in this regard. have included amounts to cover the contingency of other rises and falls in costs. Sub-Clause 13.8: FIDIC 99 has provided various information The adjustment to be applied to the amount related to the use of the formulae. otherwise payable to the Contractor, as valued in accordance with the appropriate Schedule and certified in Payment Certificates, shall be determined from formulae for each of the currencies in which the Contract Price is payable. No adjustment is to be applied to work valued on the basis of Cost or current prices. The formulae shall be of the following general type: Pn = a + b Ln + c En + d M n + ...... Lo Eo Mo where: “Pn” is the adjustment multiplier to be applied to the estimated contract value in the relevant currency of the work carried out in period “n”, this period being a month unless otherwise stated in the Appendix to Tender;

“a” is a fixed coefficient, stated in the relevant table of adjustment data, representing the non- adjustable portion in contractual payments;

“b”, “c”, “d”, … are coefficients representing the estimated proportion of each cost element related to the execution of the Works, as stated in the relevant table of adjustment data; such tabulated cost elements may be indicative of resources such as labour, equipment and materials;

“Ln”, “En”, “Mn”, … are the current cost indices or reference prices for period “n”, expressed in the relevant currency of payment, each of which is applicable to the relevant tabulated cost element on the date 49 days prior to the last day of the period (to which the particular Payment Certificate relates); and

“Lo”, “Eo”, “Mo”, … are the base cost indices or reference prices, expressed in the relevant currency of payment, each of which is applicable to the relevant tabulated cost element on the Base Date.

The cost indices or reference prices stated in the table of adjustment data shall be used. If their source is in doubt, it shall be determined by the Engineer. For this purpose, reference shall be made to the values of the indices at stated dates (quoted in the fourth and fifth columns respectively of the table) for the purposes of clarification of the source; although these dates (and thus these values) may not correspond to the base cost indices.

In cases where the “currency of index” (stated in the table) is not the relevant currency of payment, each index shall be converted into the relevant currency of payment at the selling rate, established by the central bank of the Country, of this relevant currency on the above date for which the index is required to be applicable.

Until such time as each current cost index is available, the Engineer shall determine a provisional index for the issue of Interim Payment Certificates. When a current cost index is available, the adjustment shall be recalculated accordingly. If the Contractor fails to complete the Works within the Time for Completion, adjustment of prices thereafter shall be made using either (i) each index or price applicable on the date 49 days prior to the expiry of the Time for Completion of the Works, or (ii) the current index or price: whichever is more favourable to the Employer. The weightings (coefficients) for each of the factors of cost stated in the table(s) of adjustment data shall only be adjusted if they have been rendered unreasonable, unbalanced or inapplicable, as a result of Variations.

18- Currencies of Payment Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 71.1: FIDIC 87 has provided a provision addressing If, after the date 28 days prior to the latest date governmental restrictions over currencies, for for submission of tenders for the Contract, the the occurrence of such a circumstances will Government or authorised agency of the oblige the Employer to pay for any relevant Government of the country in which the Works damages or losses. FIDIC 99 is silent in this are being or are to be executed imposes regard. currency restrictions and/or transfer of currency restrictions in relation to the currency or currencies in which the Contract Price is to be paid, the Employer shall reimburse any loss or damage to the Contractor arising therefrom, without prejudice to the right of the Contractor to exercise any other rights or remedies to which he is entitled in such event. Sub-Clause 72.1: Sub-Clause 14.15: FIDIC 87 has specified that foreign currencies Where the Contract provides for payment in (e) if no rates of exchange are stated in the shall not be subject to variations in the rate(s) whole or in part to be made to the Contractor Appendix to Tender, they shall be those of exchange between currencies, while FIDIC in foreign currency or currencies, such prevailing on the Base Date and determined by 99 has specified that those rates shall be payment shall not be subject to variations in the central bank of the Country. determined in accordance to the the rates the rate or rates of exchange between such specified within the Appendix to Tender or in specified foreign currency or currencies and accordance to the central bank of the Country the currency of the country in which the Works in consideration with the Base Date. are to be executed. Sub -Clause 72.2: Sub -Clause 14.15: Both forms have made a reference to the Where the Employer has required the Tender (a) if the Accepted Contract Amount was Appendix to Tender with regards to the to be expressed in a single currency but with expressed in Local Currency only: proportions or amounts that are to be paid in payment to be made in more than one currency different currencies. In case the Appendix to and the Contractor has stated the proportions (i) the proportions or amounts of the Local and Tender has not included such information, or amounts of other currency or currencies in Foreign Currencies, and the fixed rates of FIDIC 87 has specified that the rates shall be which he requires payment to be made, the rate exchange to be used for calculating the determined in accordance to the Central Bank or rates of exchange applicable for calculating payments, shall be as stated in the Appendix to of the Country, based on a certain date, while the payment of such proportions or amounts Tender, except as otherwise agreed by both FIDIC 99 has left this matter to be determined shall, unless otherwise stated in Part II of these Parties; as agreed by both Parties. Conditions, be those prevailing, as determined by the Central Bank of the country in which the Works are to be executed, on the date 28 days prior to the latest date for the submission of tenders for the Contract, as has been notified to the Contractor by the Employer prior to the submission of tenders or as provided for in the Tender. Sub-Clause 72.3: Sub-Clause 14.15: Minor differences were identified between the Where the Contract provides for payment in (ii) payments and deductions under Sub- two forms, who have made references to other more than one currency, the proportions or Clause 13.5 [ Provisional Sums ] and Sub- clauses by which the currencies and amounts to be paid in foreign currencies in Clause 13.7 [ Adjustments for Changes in proportions of payments related to provisional respect of Provisional Sums shall be Legislation ] shall be made in the applicable sums are to be made. determined in accordance with the principles currencies and proportions; set forth in Sub-Clauses 72.1 and 72.2 as and when these sums are utilised in whole or in part in accordance with the provisions of Clauses 58 and 59. Sub -Clause 14.15: FIDIC 99 has made references to other (iii) other payments and deductions under sub- provisions by which the currencies and paragraphs (a) to (d) of Sub-Clause 14.3 proportions of payments related to Sub-Clause [Application for Interim Payment Certificates ] 14.3 [ Application for Interim Payment shall be made in the currencies and proportions Certificates ] are to be made. specified in sub-paragraph (a)(i) above; Sub-Clause 14.15: FIDIC 99 has made a reference to the (b) payment of the damages specified in the Appendix to Tender through which the Appendix to Tender shall be made in the currencies and proportions of payments related currencies and proportions specified in the to payment of the damages specified in the Appendix to Tender; Appendix to tender are defined.

Sub-Clause 14.15: FIDIC 99 has addressed the currency of “other (c) other payments to the Employer by the payments”, while FIDIC 87 is silent in this Contractor shall be made in the currency in regard. which the sum was expended by the Employer, or in such currency as may be agreed by both Parties; Sub-Clause 14.15: FIDIC 99 has addressed the circumstance (d) if any amount payable by the Contractor to whereby the Contractor’s payable money to the Employer in a particular currency exceeds the Employer exceeds the sum payable by the the sum payable by the Employer to the Employer to the Contractor in a certain Contractor in that currency, the Employer may currency. FIDIC 87 has not accounted for a recover the balance of this amount from the similar provision. sums otherwise payable to the Contractor in other currencies; and

Sub-Clause 13.4: FIDIC 99 has addressed the currencies for If the Contract provides for payment of the payments related to variations, while FIDIC 87 Contract Price in more than one currency, then is silent in this regard. whenever an adjustment is agreed, approved or determined as stated above, the amount payable in each of the applicable currencies shall be specified. For this purpose, reference shall be made to the actual or expected currency proportions of the Cost of the varied work, and to the proportions of various currencies specified for payment of the Contract Price.

19- Risks/Force Majeure Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 20.4: Sub -Clause 17.3: Minor differences were identified between (b) rebellion, revolution, insurrection, or (b) rebellion, terrorism, revolution, FIDIC 87 and FIDIC 99 with regards to this military or usurped power, or civil war, insurrection, military or usurped power, or point. FIDIC 99 has added terrorism and civil war, within the Country, specified that these events would be “within the Country”. Sub-Clause 20.4: Sub-Clause 17.3: FIDIC 87 and FIDIC 99 have shared various (c) ionising radiations, or contamination by (d) munitions of war, explosive materials, points; however, FIDIC 87 had more focus on radio-activity from any nuclear fuel, or from ionising radiation or contamination by radio- nuclear related matters, while FIDIC 99 has any nuclear waste from the combustion of activity, within the Country, except as may be generalized munitions of war, explosive nuclear fuel, radio-active toxic explosive or attributable to the Contractor’s use of such materials, etc. FIDIC 99 has specified that other hazardous properties of any explosive munitions, explosives, radiation or radio- these events would be “within the Country” nuclear assembly or nuclear component activity, and “except as may be attributable to the thereof, Contractor’s use…” Sub -Clause 20.4: Sub -Clause 17.3: Minor differences were identified between (e) riot, commotion or disorder, unless solely (c) riot, commotion or disorder within the FIDIC 87 and FIDIC 99 with regards to this restricted to employees of the Contractor or of Country by persons other than the Contractor’s point. FIDIC 99 has specified that these events his Subcontractors and arising from the Personnel and other employees of the would be “within the Country”. conduct of the Works, Contractor and Subcontractors, Sub-Clause 20.4: Sub-Clause 17.3: Minor differences were identified between (g) loss or damage to the extent that it is due to (g) design of any part of the Works by the FIDIC 87 and FIDIC 99 with regards to this the design of the Works, other than any part of Employer’s Personnel or by others for whom point. the design provided by the Contractor or for the Employer is responsible, which the Contractor is responsible Sub-Clause 20.3: Sub-Clause 17.4: FIDIC 99 has required the Contractor to notify In the event of any such loss or damage If and to the extent that any of the risks listed the Engineer in the event that any Employer’s happening from any of the risks defined in in Sub-Clause 17.3 above results in loss or risk takes place, while FIDIC 87 has not made Sub-Clause 20.4, or in combination with other damage to the Works, Goods or Contractor’s a similar provision. risks, the Contractor shall, if and to the extent Documents, the Contractor shall promptly give required by the Engineer, rectify the loss or notice to the Engineer and shall rectify this loss FIDIC 87 has obliged the Contractor to rectify damage and the Engineer shall determine an or damage to the extent required by the any damages as required by the Engineer, who addition to the Contract Price in accordance Engineer. shall directly make his determination of an with Clause 52 and shall notify the Contractor addition to the Contract Price and notify the accordingly, with a copy to the Employer. In If the Contractor suffers delay and/or incurs Contractor accordingly. FIDIC 99 has required the case of a combination of risks causing loss Cost from rectifying this loss or damage, the the Contractor to give a further notice to the or damage any such determination shall take Contractor shall give a further notice to the Engineer in case it suffered delays and/or into account the proportional responsibility of Engineer and shall be entitled subject to Sub- incurred costs due to rectifying damages, and the Contractor and the Employer. Clause 20.1 [ Contractor’s Claims ] to: the Engineer shall proceed with making a determination of extension of time and (a) an extension of time for any such delay, payment, if any. if completion is or will be delayed, under Sub-Clause 8.4 [ Extension of Time for Completion ], and (b) payment of any such Cost, which shall be included in the Contract Price. In the case of sub-paragraphs (f) and (g) of Sub- Clause 17.3 [ Employer’s Risks ], reasonable profit on the Cost shall also be included.

After receiving this further notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [ Determinations ] to agree or determine these matters. Sub-Clause 65.2: Sub-Clause 19.1: FIDIC 87 is specific with regards to the The special risks are: In this Clause, “Force Majeure” means an definition of special risks as it has specified the (a) the risks defined under paragraphs (a), (c), exceptional event or circumstance: events that are deemed as so. FIDIC 99 has (d) and (e) of Sub-Clause 20.4, and (a) which is beyond a Party’s control, introduced the expression “Force Majeure” (b) the risks defined under paragraph (b) of (b) which such Party could not reasonably have and has generalized its definition to Sub-Clause 20.4 insofar as these relate to the provided against before entering into the exceptional events or circumstances, stating country in which the Works are to be executed. Contract, some of such events or circumstances. (c) which, having arisen, such Party could not Moreover, FIDIC 99 has not limited Force reasonably have avoided or overcome, and Majeure events to some of those defined as (d) which is not substantially attributable to the Employer’s Risks. other Party.

Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listed below, so long as conditions (a) to (d) above are satisfied:

(i) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, (ii) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, (iii) riot, commotion, disorder, strike or lockout by persons other than the Contractor’s Personnel and other employees of the Contractor and Sub- contractors, (iv) munitions of war, explosive materials, ionising radiation or contamination by radio- activity, except as may be attributable to the Contractor’s use of such munitions, explosives, radiation or radio-activity, and (v) natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity. Sub-Clause 19.2: FIDIC 99 has specified certain required If a Party is or will be prevented from notifications and procedures to be fulfilled performing any of its obligations under the whenever a Force Majeure takes place, while Contract by Force Majeure, then it shall give FIDIC 87 is silent in this regard. notice to the other Party of the event or circumstances constituting the Force Majeure and shall specify the obligations, the performance of which is or will be prevented. The notice shall be given within 14 days after the Party became aware, or should have become aware, of the relevant event or circumstance constituting Force Majeure. The Party shall, having given notice, be excused performance of such obligations for so long as such Force Majeure prevents it from performing them. Notwithstanding any other provision of this Clause, Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the Contract. Sub-Clause 65.1: Sub-Clause 19.4: FIDIC 87 has provided various more details The Contractor shall be under no liability If the Contractor is prevented from performing with regards to the Contractor’s liability to whatsoever in consequence of any of the any of his obligations under the Contract by special risks, its consequences and other special risks referred to in Sub-Clause 65.2, Force Majeure of which notice has been given related information as compared with FIDIC whether by way of indemnity or otherwise, for under Sub-Clause 19.2 [ Notice of Force 99. FIDIC 87 has stated that the Contractor or in respect of: Majeure ], and suffers delay and/or incurs Cost shall have no liability in consequence of (a)destruction of or damage to the Works, save by reason of such Force Majeure, the special risks, having stated a number of such to work condemned under the provisions of Contractor shall be entitled subject to Sub- consequences, including but not limited to Clause 39 prior to the occurrence of any of the Clause 20.1 [ Contractor’s Claims ] to: projectiles and war. Both forms have said special risks, acknowledges the Contractor’s right for (b)destruction of or damage to property, (a) an extension of time for any such delay, compensation to rectify damages in whether of the Employer or third parties, or if completion is or will be delayed, under accordance to the different determination (c) injury or loss of life. Sub-Clause 8.4 [ Extension of Time for procedures of each form. FIDIC 99 has Completion ], and specifically mentioned the Contractor’s right Sub-Clause 65.3: (b) if the event or circumstance is of the kind to extension of time. If the Works or any materials or Plant on or described in sub-paragraphs (i) to (iv) of near or in transit to the Site, or any of the Sub-Clause 19.1 [ Definition of Force Contractor's Equipment, sustain destruction or Majeure ] and, in the case of sub- damage by reason of any of the said special paragraphs (ii) to (iv), occurs in the risks, the Contractor shall be entitled to Country, payment of any such Cost. payment in accordance with the Contract for any Permanent Works duly executed and for After receiving this notice, the Engineer shall any materials or Plant so destroyed or damaged proceed in accordance with Sub-Clause 3.5 and, so far as may be required by the Engineer [Determinations ] to agree or determine these or as may be necessary for the completion of matters. the Works, to payment for: (a)rectifying any such destruction or damage to the Works, and (b)replacing or rectifying such materials or Contractor’s Equipment, and the Engineer shall determine an addition to the Contract Price in accordance with Clause 52 (which shall in the case of the cost of replacement of Contractor's Equipment include the fair market value thereof as determined by the Engineer) and shall notify the Contractor accordingly, with a copy to the Employer.

Sub-Clause 65.4 of FIDIC 87 has stated: Destruction, damage, injury or loss of life caused by the explosion or impact, whenever and wherever occurring, of any mine, bomb, shell, grenade, or other projectile, missile, munition, or explosive of war, shall be deemed to be a consequence of the said special risks.

Sub-Clause 65.5 of FIDIC 87 has stated: Save to the extent that the Contractor is entitled to payment under any other provision of the Contract, the Employer shall repay to the Contractor any costs of the execution of the Works (other than such as may be attributable to the cost of reconstructing work condemned under the provisions of Clause 39 prior to the occurrence of any special risk) which are howsoever attributable to or consequent on or the result of or in any way whatsoever connected with the said special risks, subject however to the provisions in this Clause hereinafter contained in regard to outbreak of war, but the Contractor shall, as soon as any such cost comes to his knowledge, forthwith notify the Engineer thereof. The Engineer shall, after due consultation with the Employer and the Contractor, determine the amount of the Contractor’s costs in respect thereof which shall be added to the Contract Price and shall notify the Contractor accordingly, with a copy to the Employer.

Sub -Clause 19.3: FIDIC 99 has required each party to minimize Each Party shall at all times use all reasonable delays, and to provide notice to the other endeavours to minimise any delay in the whenever the effects of a Force Majeure performance of the Contract as a result of ceases. FIDIC 87 has not made a similar Force Majeure. provision.

A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure. Sub-Clause 19.5: FIDIC 99 has addressed the distinction If any Subcontractor is entitled under any between a Subcontractor’s entitlement to a contract or agreement relating to the Works to relief due to Force Majeure and the same in relief from force majeure on terms additional relation to the Contractor. FIDIC 87 has not to or broader than those specified in this accounted for a similar provision. Clause, such additional or broader force majeure events or circumstances shall not excuse the Contractor’s non-performance or entitle him to relief under this Clause.

20- Subcontractors Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 4.4: FIDIC 99 has specifie d a certain period of time (c) the Contractor shall give the Engineer not within which the Contractor is required to less than 28 days’ notice of the intended date notify the Engineer of the intended date of the of the commencement of each Subcontractor’s commencement of each of the Subcontractor’s work, and of the commencement of such work work and other relevant information. FIDIC 87 on the Site; has not accounted for a similar provision. Sub-Clause 4.4: FIDIC 99 has included a provision that entitle (d) each subcontract shall include provisions the Employer to require subcontracts to be which would entitle the Employer to require assigned to him, while FIDIC 87 has not the subcontract to be assigned to the Employer accounted for a similar provision. under Sub-Clause 4.5 [ Assignment of Benefit of Subcontract ] (if or when applicable) or in the event of termination under Sub-Clause 15.2 [ Termination by Employer ]. Sub -Clause 4.1: FIDIC 87 has addressed certain matters that do Provided that the Contractor shall not be not require obtaining a consent, such as required to obtain such consent for: provision of labour and purchase of Contract (a) the provision of labour, materials. FIDIC 99 has not accounted for a (b) the purchase of materials which are in similar provision. accordance with the standards specified in the Contract, Sub-Clause 4.2: Sub-Clause 4.5: FIDIC 87 has specified that any assignment In the event of a Subcontractor having If a Subcontractor’s obligations extend required by the Engineer shall be implemented undertaken towards the Contractor in respect beyond the expiry date of the relevant Defects on the cost of the Employer, while FIDIC 99 of the work executed, or the goods, materials, Notification Period and the Engineer, prior to has not made a similar provision. FIDIC 99 has Plant or services supplied by such this date, instructs the Contractor to assign the specified that the Contractor shall not be liable Subcontractor, any continuing obligation benefit of such obligations to the Employer, to the Employer for the work carried out by the extending for a period exceeding that of the then the Contractor shall do so. Unless Subcontractor after the assignment takes Defects Liability Period under the Contract, otherwise stated in the assignment, the effect, while FIDIC 87 has not made a similar the Contractor shall at any time, after the Contractor shall have no liability to the provision. expiration of such Period, assign to the Employer for the work carried out by the Employer, at the Employer’s request and cost, Subcontractor after the assignment takes the benefit of such obligation for the unexpired effect. duration thereof.

21- Taking Over Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 10.1: FIDIC 99 has directly made a statement the Works shall be taken over by the Employer specifying the conditions that are to be fulfilled when (i) the Works have been completed in to deem the Works as taken over by the accordance with the Contract, including the Employer, while FIDIC 87 has not made a matters described in Sub-Clause 8.2 [ Time for similar provision. Completion ] and except as allowed in sub- paragraph (a) below, and (ii) a Taking-Over Certificate for the Works has been issued, or is deemed to have been issued in accordance with this Sub-Clause. Sub -Cla use 48.1: Sub -Clause 10.1: FIDIC 99 has specified a duration within the Contractor may give a notice to that effect The Contractor may apply by notice to the which the Contractor may apply for a Taking to the Engineer, with a copy to the Employer, Engineer for a Taking-Over Certificate not Over Certificate prior to the Completion of the accompanied by a written undertaking to finish earlier than 14 days before the Works will, in Works, while FIDIC 87 has not made a similar with due expedition any outstanding work the Contractor’s opinion, be complete and provision. FIDIC 87 has allowed the during the Defects Liability Period. ready for taking over. If the Works are divided Contractor to apply for the said Certificate into Sections, the Contractor may similarly notwithstanding the possibility of existing apply for a Taking-Over Certificate for each outstanding work that would be completed Section. during the Defects Liability Period, while FIDIC 99 has not made a similar provision. FIDIC 99 has applied the same conditions to the Taking Over of the Works and the Sections, while FIDIC 87 has made a distinction between the conditions the same. Sub -Clause 48.1: Sub -Clause 10.1: FIDIC 87 has required the Engineer to respond The Engineer shall, within 21 days of the date The Engineer shall, within 28 days after within 21 days from the date of the of delivery of such notice receiving the Contractor’s application Contractor’s application, while FIDIC 99 has made the said duration to be 28 days. Sub -Clause 48. 1: FIDIC 87 has made a provision for a The Engineer shall also notify the Contractor notification to be provided by the Engineer to of any defects in the Works affecting the Contractor should more defects appear substantial completion that may appear after between the Engineer’s instruction specifying such instructions and before completion of the the Works that are to be completed and the Works specified therein. The Contractor shall Completion of the Works. FIDIC 99 has not be entitled to receive such Taking-Over made a similar provision. Certificate within 21 days of completion, to the satisfaction of the Engineer, of the Works so specified and remedying any defects so notified. Sub -Clause 10.1: FIDIC 99 has identified the consequences of If the Engineer fails either to issue the Taking- the Engineer’s failure to respond to an Over Certificate or to reject the Contractor’s application of a Taking Over Certificate within application within the period of 28 days, and if the specified period, while FIDIC 87 is silent the Works or Section (as the case may be) are in this regard. substantially in accordance with the Contract, the Taking-Over Certificate shall be deemed to have been issued on the last day of that period.

Sub-Clause 10.2: FIDIC 99 has prohibited the Employer’s use to The Employer shall not use any part of the any part of the Works except for certain Works (other than as a temporary measure conditions, while FIDIC 87 has not made a which is either specified in the Contract or similar provision. agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. Sub -Clause 48.2: Sub -Clause 10.2: FIDIC 87 has specified that the Contractor may the Contractor may request and the Engineer However, if the Employer does use any part of request and the Engineer shall issue a Taking shall issue a Taking-Over Certificate in respect the Works before the Taking-Over Certificate Over Certificate in certain conditions; of: is issued: however, FIDIC 99 has specified a condition where Taking Over could be deemed to have (b) any substantial part of the Permanent (a) the part which is used shall be deemed to occurred by default for certain part(s), for Works which has been both completed to the have been taken over as from the date on which the Contractor may request the Engineer satisfaction of the Engineer and, otherwise which it is used, to issue the said Certificate in relation to that than as provided for in the Contract, occupied (b) the Contractor shall cease to be liable for part or parts. FIDIC 99 has added a provision or used by the Employer, or the care of such part as from this date, when waiving the Contractor’s liability to any part (c) any part of the Permanent Works which the responsibility shall pass to the Employer, and that has been used by the Employer, while Employer has elected to occupy or use prior to (c) if requested by the Contractor, the Engineer FIDIC 87 has not made a similar provision. completion (where such prior occupation or shall issue a Taking-Over Certificate for this FIDIC 87 has allowed the Engineer to issue a use is not provided for in the Contract or has part. Taking Over Certificate to any part of the not been agreed by the Contractor as a Works that has been substantially completed temporary measure). and passed any Tests on Completion prescribed by the Contract. Sub -Clause 48.3: Sub -Clause 10.2: FIDIC 99 has addressed fulfilling the If any part of the Permanent Works has been After the Engineer has issued a Taking-Over obligations related to Tests on Completion substantially completed and has satisfactorily Certificate for a part of the Works, the after the issuance of the Taking Over passed any Tests on Completion prescribed by Contractor shall be given the earliest Certificate and before the expiry of the relevant the Contract, the Engineer may issue a Taking- opportunity to take such steps as may be Defects Notification Period. FIDIC 87 has Over Certificate in respect of that part of the necessary to carry out any outstanding Tests on addressed the same by requiring the Tests on Permanent Works before completion of the Completion. The Contractor shall carry out Completion to be completed prior to the whole of the Works and, upon the issue of such these Tests on Completion as soon as issuance of the Taking Over Certificate. Certificate, the Contractor shall be deemed to practicable before the expiry date of the have undertaken to complete with due relevant Defects Notification Period. expedition any outstanding work in that part of the Permanent Works during the Defects Liability Period. Sub -Clause 10.2: FIDIC 99 has specified that the Contractor If the Contractor incurs Cost as a result of the shall be entitled to a compensation in case it Employer taking over and/or using a part of the incurs costs as a result of the Employer taking Works, other than such use as is specified in over and/or using a part of the Works, the Contract or agreed by the Contractor, the whenever this is not specified within the Contractor shall (i) give notice to the Engineer Contract. FIDIC 87 is silent in this regard. and (ii) be entitled subject to Sub-Clause 20.1 [Contractor’s Claims ] to payment of any such Cost plus reasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations ] to agree or determine this Cost and profit. Sub-Clause 10.2: FIDIC 99 has specified the criteria related to If a Taking-Over Certificate has been issued the reduction of delay damages in relation with for a part of the Works (other than a Section), any parts that becomes taken over. FIDIC 87 the delay damages thereafter for completion of has addressed the same through Sub-Clause the remainder of the Works shall be reduced. 47.2 entitled “Reduction of Liquidated Similarly, the delay damages for the remainder Damages”. of the Section (if any) in which this part is included shall also be reduced. For any period of delay after the date stated in this Taking- Over Certificate, the proportional reduction in these delay damages shall be calculated as the proportion which the value of the part so certified bears to the value of the Works or Section (as the case may be) as a whole. The Engineer shall proceed in accordance with Sub-Clause 3.5 [ Determinations ] to agree or determine these proportions. The provisions of this paragraph shall only apply to the daily rate of delay damages under Sub-Clause 8.7 [Delay Damages ], and shall not affect the maximum amount of these damages.

22- Delay Damages Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 47.1: Sub -Clause 8.7: Minor differences were identified between If the Contractor fails to comply with the Time If the Contractor fails to comply with Sub- FIDIC 87 and FIDIC 99. for Completion in accordance with Clause 48, Clause 8.2 [ Time for Completion ], the for the whole of the Works or, if applicable, Contractor shall subject to Sub-Clause 2.5 any Section within the relevant time prescribed [Employer’s Claims ] pay delay damages to the by Clause 43, then the Contractor shall pay to Employer for this default. These delay the Employer the relevant sum stated in the damages shall be the sum stated in the Appendix to Tender as liquidated damages for Appendix to Tender, which shall be paid for such default and not as a penalty (which sum every day which shall elapse between the shall be the only monies due from the relevant Time for Completion and the date Contractor for such default) for every day or stated in the Taking-Over Certificate. part of a day which shall elapse between the However, the total amount due under this Sub- relevant Time for Completion and the date Clause shall not exceed the maximum amount stated in a Taking-Over Certificate of the of delay damages (if any) stated in the whole of the Works or the relevant Section, Appendix to Tender. subject to the applicable limit stated in the Appendix to Tender. The Employer may, These delay damages shall be the only without prejudice to any other method of damages due from the Contractor for such recovery, deduct the amount of such damages default, other than in the event of termination from any monies due or to become due to the under Sub-Clause 15.2 [ Termination by Contractor. Employer ] prior to completion of the Works. The payment or deduction of such damages These damages shall not relieve the Contractor shall not relieve the Contractor from his from his obligation to complete the Works, or obligation to complete the Works, or from any from any other duties, obligations or other of his obligations and liabilities under the responsibilities which he may have under the Contract. Contract. Sub-Clause 47.2 entitled “Reduction of The same has been covered by FIDIC 99 Liquidated Damages” through Sub-Clause 10.2 under the “Taking Over of Parts of the Works” with minor differences.

23- Contractor’s General Obligations Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 4.1 Sub -Clauses 8.1 and 8.2 No significant differences were identified between FIDIC 87 and 99. FIDIC 99 has covered a number of points within one Sub- Clause, having been divided into three Sub- Clauses within FIDIC 87. This includes “Contractor’s General Obligations”, “Site Operations and Methods of Construction” and “Permanent Works Designed by the Contractor”. FIDIC 87 has pointed out the Contractor’s responsibility of notifying the Engineer whenever it discovers errors, faults, etc. FIDIC 99 has covered the same through a different Sub-Clause 1.8 entitled “Care and Supply of Documents” Sub -Clause 4.1: FIDIC 99 has obliged t he Contractor, The Contractor shall, whenever required by the whenever required by the Engineer, to submit Engineer, submit details of the arrangements certain details, which are not allowed to be and methods which the Contractor proposes to altered without notifying the Engineer. adopt for the execution of the Works. No significant alteration to these arrangements and methods shall be made without this having previously been notified to the Engineer.

24- Commencement Date Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 41.1: Sub -Clause 8.1: No significant differences were identified The Contractor shall commence the Works as The Engineer shall give the Contractor not less between FIDIC 87 and FIDIC 99. FIDIC 99 soon as is reasonably possible after the receipt than 7 days notice of the Commencement Date. has added a requirement of a notice that is to by him of a notice to this effect from the Unless otherwise stated in the Particular be submitted by the Engineer to the Contractor Engineer, which notice shall be issued within Conditions, the Commencement Date shall be not less than 7 days of the Commencement the time stated in the Appendix to Tender after within 42 days after the Contractor receives the Date. The Commencement Date was defined to the date of the Letter of Acceptance. Letter of Acceptance. be within 42 days after the Contractor receives Thereafter, the Contractor shall proceed with The Contractor shall commence the execution the Letter of Acceptance in FIDIC 99, while the Works with due expedition and without of the Works as soon as is reasonably FIDIC 87 has made a reference to the delay. practicable after the Commencement Date, and Appendix to Tender in this regard. shall then proceed with the Works with due expedition and without delay.

25- Contractor’s Representative, Superintendence and Personnel Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 15.1: Sub -Clause 4.3: FIDIC 99 has allocated a Sub -Clause solely for The Contractor, or a competent and authorised The Contractor shall appoint the Contractor’s the Contractor’s Representative while FIDIC representative approved of by the Engineer, Representative and shall give him all authority 87 has considered the same through the Sub- which approval may at any time be withdrawn, necessary to act on the Contractor’s behalf Clause related to Contractor’s shall give his whole time to the under the Contract. Superintendence. A limited number of superintendence of the Works. Such authorised differences were identified between these two representative shall receive, on behalf of the Unless the Contractor’s Representative is statements. FIDIC 87 has specified that a Contractor, instructions from the Engineer. named in the Contract, the Contractor shall, Contractor’s Representative, who is If approval of the representative is withdrawn prior to the Commencement Date, submit to withdrawn, shall not be thereafter employed by the Engineer, the Contractor shall, as soon the Engineer for consent the name and again on the Works, while FIDIC 99 is silent as is practicable, having regard to the particulars of the person the Contractor in this regard. FIDIC 99 has pointed out that a requirement of replacing him as hereinafter proposes to appoint as Contractor’s Contractor’s Representative may be named mentioned, after receiving notice of such Representative. If consent is withheld or within the Contract, while FIDIC 87 has withdrawal, remove the representative from subsequently revoked, or if the appointed merely mentioned that the Contractor or a the Works and shall not thereafter employ him person fails to act as Contractor’s Contractor’s represented would be approved again on the Works in any capacity and shall Representative, the Contractor shall similarly by the Engineer. FIDIC 99 has required the replace him by another representative submit the name and particulars of another Contractor to appoint a Contractor’s approved by the Engineer. suitable person for such appointment. Representative while FIDIC 87 has stated “The Contractor, or a competent and authorised The Contractor’s Representative shall, on representative” shall give his whole to the behalf of the Contractor, receive instructions superintendence of the Works”, signifying that under Sub-Clause 3.3 [ Instructions of the FIDIC 87 has allowed either the Contractor Engineer ]. himself or his Representative to manage the Works. Sub-Clause 4.3: FIDIC 99 has prohibited the Contractor from The Contractor shall not, without the prior revoking the appointment of the Contractor’s consent of the Engineer, revoke the Representative or appoint another without the appointment of the Contractor’s Representative or appoint a replacement. consent of the Engineer, while FIDIC 87 is silent in this regard. Sub -Clause 4.3: FIDIC 99 has specified the actions to be taken If the Contractor’s Representative is to be whenever the Contractor’s is absent, while temporarily absent from the Site during the FIDIC 87 is silent in this regard. execution of the Works, a suitable replacement person shall be appointed, subject to the Engineer’s prior consent, and the Engineer shall be notified accordingly. Sub-Clause 4.3: FIDIC 99 has allowed the Contractor’s The Contractor’s Representative may delegate Representative to delegate any powers, any powers, functions and authority to any functions and authority to any competent competent person, and may at any time revoke person, and may at any time revoke the the delegation. Any delegation or revocation delegation, addressing the conditions related to shall not take effect until the Engineer has such actions. FIDIC 87 is silent in this regard. received prior notice signed by the Contractor’s Representative, naming the person and specifying the powers, functions and authority being delegated or revoked. Sub-Clause 4.3: FIDIC 99 has required the Contractor’s The Contractor’s Representative and all these Representative and persons to be fluent in the persons shall be fluent in the language for Language of communications of the Contract, communications defined in Sub-Clause 1.4 while FIDIC 87 is silent in this regard. [Law and Language ]. Sub-Clause 15.1: Sub-Clause 6.8: FIDIC 99 has elaborated on the properties of The Contractor shall provide all necessary Throughout the execution of the Works, and as the superintendence while FIDIC 87 has superintendence during the execution of the long thereafter as is necessary to fulfil the merely required them to be able to fulfil the Works and as long thereafter as the Engineer Contractor’s obligations, the Contractor shall relevant obligations of the Contract. may consider necessary for the proper provide all necessary superintendence to plan, fulfilling of the Contractor's obligations under arrange, direct, manage, inspect and test the the Contract. work.

Superintendence shall be given by a sufficient number of persons having adequate knowledge of the language for communications (defined in Sub-Clause 1.4 [ Law and Language ]) and of the operations to be carried out (including the methods and techniques required, the hazards likely to be encountered and methods of preventing accidents), for the satisfactory and safe execution of the Works. Sub-Clause 6.10: FIDIC 99 has required the Contractor to submit The Contractor shall submit, to the Engineer, certain details and information related to the details showing the number of each class of Contractor’s Personnel and Equipment on Contractor’s Personnel and of each type of interim basis, while FIDIC 87 has not a similar Contractor’s Equipment on the Site. Details requirement. shall be submitted each calendar month, in a form approved by the Engineer, until the Contractor has completed all work which is known to be outstanding at the completion date stated in the Taking-Over Certificate for the Works.

26- Working Hours Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 45.1: Sub -Clause 6.5: FIDIC 99 has made a reference to the Subject to any provision to the contrary No work shall be carried out on the Site on Appendix to Tender in which the Working contained in the Contract, none of the Works locally recognised days of rest, or outside the Hours would be defined, while FIDIC 87 has shall, save as hereinafter provided, be carried normal working hours stated in the Appendix not accounted for similar details to be provided on during the night or on locally recognised to Tender, through the Appendix to Tender. days of rest… Sub-Clause 45.1: FIDIC 87 has deemed this Clause as Provided that the provisions of this Clause inapplicable to any work which is customary to shall not be applicable in the case of any work carry out by multiple shifts, while FIDIC 99 which it is customary to carry out by multiple has not accounted for a similar provision. shifts.

27- Termination by Employer Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 15.2: FIDIC 99 has added a condition related to the (a) fails to comply with Sub Clause 4.2 Contractor’s compliance with the obligations [Performance Security ] or with a notice under of the Performance Security, for which failure Sub-Clause 15.1 [ Notice to Correct ], entitles the Employer to terminate the Contract. Sub-Clause 63.1: Sub-Clause 15.2: While the contents of both forms are mainly If the Contractor is deemed by law unable to (e) becomes bankrupt or insolvent, goes into similar with regards to these statements, FIDIC pay his debts as they fall due, or enters into liquidation, has a receiving or administration 87 has provided further elaboration and details. voluntary or involuntary bankruptcy, order made against him, compounds with his liquidation or dissolution (other than a creditors, or carries on business under a voluntary liquidation for the purposes of receiver, trustee or manager for the benefit of amalgamation or reconstruction), or becomes his creditors, or if any act is done or event insolvent, or makes an arrangement with. Or occurs which (under applicable Laws) has a assignment in favour of, his creditors, or agrees similar effect to any of these acts or events, to carry out the Contract under a committee of inspection of his creditors, or if a receiver, administrator, trustee or liquidator is appointed over any substantial part of his assets, or if, under any law or regulation relating to reorganization, arrangement or readjustment of debts, proceedings are commenced against the Contractor or resolutions passed in connection with dissolution or liquidation or if any steps are taken to enforce any security interest over a substantial part of the assets of the Contractor, or if any act is done or event occurs with respect to the Contractor or his assets which, under any applicable law has a substantially similar effect to any of the foregoing acts or events… (f) gives or offers to give (directly or FIDIC 99 has added a condition related to indirectly) to any person any bribe, gift, bribes, gifts and the like that entitles the gratuity, commission or other thing of value, as Employer to terminate the Contract. an inducement or reward:

(i) for doing or forbearing to do any action in relation to the Contract, or (ii) for showing or forbearing to show favour or disfavour to any person in relation to the Contract,

or if any of the Contractor’s Personnel, agents or Subcontractors gives or offers to give (directly or indirectly) to any person any such inducement or reward as is described in this sub-paragraph (f). However, lawful inducements and rewards to Contractor’s Personnel shall not entitle termination. Sub-Clause 63.1: Sub-Clause 15.2: FIDIC 99 has broadened this point to include (b)without reasonable excuse has failed (c) without reasonable excuse fails: provisions related to the Programme, (i) to commence the Works in accordance with suspension and others as relevant to Clause 8. Sub-Clause 41.1, or (i) to proceed with the Works in accordance (ii) to proceed with the Works, or any Section with Clause 8 thereof, within 28 days after receiving notice [Commencement, Delays and Suspension ], pursuant to Sub-Clause 46. 1, Sub -Clause 63.1: Sub -Clause 15.2: FIDIC 99 has allowed the Employer to then the Employer may, after giving 14 days’ In any of these events or circumstances, the terminate the Contract immediately without notice to the Contractor, enter upon the Site Employer may, upon giving 14 days notice to requiring a 14 days notice in certain and the Works and terminate the employment the Contractor, terminate the Contract and conditions, while FIDIC 87 has required a 14 of the Contractor expel the Contractor from the Site. However, in the case of sub -paragraph (e) or (f), the days notice for all stated conditions th at entitle Employer may by notice terminate the the Employer to termination. Contract immediately. Sub-Clause 63.1: Sub-Clause 15.2: FIDIC 87 has allowed the use of the The Employer or such other contractor may After termination, the Employer may complete Contractor’s Equipment, Temporary Works use for such completion so much of the the Works and/or arrange for any other entities and materials to be used by the Employer or Contractor’s Equipment, Temporary Works to do so. The Employer and these entities may other related contractors upon termination, and materials as he or they may think proper. then use any Goods, Contractor’s Documents while FIDIC 99 has allowed the use of any and other design documents made by or on Goods, Contractor’s Documents and other behalf of the Contractor. design documents. Sub-Clause 15.2: FIDIC 99 has required the Contractor to The Contractor shall then leave the Site and deliver any required Goods, all Documents and deliver any required Goods, all Contractor’s other documents to the Engineer. Moreover, it Documents, and other design documents made has required him to comply immediately with by or for him, to the Engineer. However, the any reasonable instructions related to Contractor shall use his best efforts to comply assignment of any subcontract or in relation immediately with any reasonable instructions with the protection or safety of the Works. included in the notice (i) for the assignment of FIDIC 87 has not accounted for similar any subcontract, and (ii) for the protection of provisions. life or property or for the safety of the Works. Sub-Clause 15.2: FIDIC 99 has set the procedures related to the The Employer shall then give notice that the delivery of the Contractor’s Equipment and Contractor’s Equipment and Temporary Temporary Works, as well as the possibility of Works will be released to the Contractor at or selling them in order to recover payments due near the Site. The Contractor shall promptly to the Employer. FIDIC 87 has not made arrange their removal, at the risk and cost of similar provisions. the Contractor. However, if by this time the Contractor has failed to make a payment due to the Employer, these items may be sold by the Employer in order to recover this payment. Any balance of the proceeds shall then be paid to the Contractor. Sub -Clause 15.5: FIDIC 99 has entitled the Employer to The Employer shall be entitled to terminate the terminate the Contract for convenience, having Contract, at any time for the Employer’s set the related procedures. FIDIC 87 has not convenience, by giving notice of such accounted for a similar provision. termination to the Contractor. The termination shall take effect 28 days after the later of the dates on which the Contractor receives this notice or the Employer returns the Performance Security. The Employer shall not terminate the Contract under this Sub-Clause in order to execute the Works himself or to arrange for the Works to be executed by another contractor.

After this termination, the Contractor shall proceed in accordance with Sub- Clause 16.3 [Cessation of Work and Removal of Contractor’s Equipment ] and shall be paid in accordance with Sub-Clause 19.6 [ Optional Termination, Payment and Release ].

28- Cash Flow Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 14.3: Sub -Clause 14.4: Since FIDIC 99 has introduced the concept of The Contractor shall, within the time stated in If the Contract does not include a schedule of schedule of payments, it has specified the Part II of these Conditions after the date of the payments, the Contractor shall submit non- requirement of cash flow submission Letter of Acceptance, provide to the Engineer binding estimates of the payments which he whenever a schedule of payments has not been for his information a detailed cash flow expects to become due during each quarterly included within the Contract. Minor estimate, in quarterly periods, of all payments period. The first estimate shall be submitted differences were identified between both to which the Contractor will be entitled under within 42 days after the Commencement Date. forms. the Contract and the Contractor shall Revised estimates shall be submitted at subsequently supply revised cash flow quarterly intervals, until the Taking-Over estimates at quarterly intervals, if required to Certificate has been issued for the Works. do so by the Engineer.

29- Plant, Materials, Equipment and Temporary Works Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 54.1: Sub -Clause 4.17: FIDIC 87 has made the application of this All Contractor’s Equipment, Temporary The Contractor shall be responsible for all Clause to include all Contractor’s Equipment, Works and materials provided by the Contractor’s Equipment. When brought on to Temporary Works and materials provided by Contractor shall, when brought on to the Site, the Site, Contractor’s Equipment shall be the Contractor, while FIDIC 99 has merely be deemed to be exclusively intended for the deemed to be exclusively intended for the included the Contractor’s Equipment. execution of the Works… execution of the Works. Sub-Clause 54.4: Sub-Clause 2.2: Minor differences were identified between In respect of any Contractor’s Equipment The Employer shall (where he is in a position FIDIC 87 and 99 with regards to these which the Contractor has imported for the to do so) provide reasonable assistance to the statements. purposes of the Works, the Employer will use Contractor at the request of the Contractor: his best endeavours to assist the Contractor, (b) for the Contractor’s applications for any where required, in procuring any necessary permits, licences or approvals required Government consent to the re-export of such by the Laws of the Country: Contractor’s Equipment by the Contractor upon the removal thereof pursuant to the terms (iii) for the export of Contractor’s of the Contract. Equipment when it is removed from the Site. Sub-Clause 39.1: Sub-Clause 7.6: FIDIC 99 has added a condition related to The Engineer shall have authority to issue Notwithstanding any previous test or urgently required works for the safety of the instructions from time to time, for: certification, the Engineer may instruct the Works, while FIDIC 87 has not made a similar (a) the removal from the Site, within such time Contractor to: provision. Furthermore, FIDIC 99 has made a or times as may be specified in the instruction, provision identifying the consequences of the of any materials or Plant which, in the opinion (a) remove from the Site and replace any Plant Contractor’s failure to comply by the of the Engineer, are not in accordance with the or Materials which is not in accordance with instructions of the Engineer in this regard, Contract, the Contract, while FIDIC 87 has not made a similar (b) the substitution of proper and suitable (b) remove and re-execute any other work provision. materials or Plant, and which is not in accordance with the Contract, and (c) the removal and proper re -execution, (c) execute any work which is urgently notwithstanding any previous test thereof or required for the safety of the Works, whether interim payment therefore, of any work which, because of an accident, unforeseeable event or in respect of otherwise. (i) materials, Plant or workmanship, or (ii) design by the Contractor or for which he is The Contractor shall comply with the responsible, is not, in the opinion of the instruction within a reasonable time, which Engineer, in accordance with the Contract. shall be the time (if any) specified in the instruction, or immediately if urgency is specified under sub-paragraph (c). If the Contractor fails to comply with the instruction, the Employer shall be entitled to employ and pay other persons to carry out the work. Except to the extent that the Contractor would have been entitled to payment for the work, the Contractor shall subject to Sub- Clause 2.5 [ Employer’s Claims ] pay to the Employer all costs arising from this failure. Sub-Clause 7.7: FIDIC 99 has made a provision related to the Each item of Plant and Materials shall, to the ownership of Plant and Materials, deeming extent consistent with the Laws of the Country, them to be owned by the Employer upon the become the property of the Employer at occurrence of certain circumstances. FIDIC 87 whichever is the earlier of the following times, has not made a similar condition. free from liens and other encumbrances: (a) when it is delivered to the Site; (b) when the Contractor is entitled to payment of the value of the Plant and Materials under Sub-Clause 8.10 [ Payment for Plant and Materials in Event of Suspension ].

30- Adjustments for Changes in Legislation Points noted between FIDIC 87 and FIDIC 99: FIDIC 87 Statement(s) FIDIC 99 Statement(s) Comparison / Comments Sub -Clause 70.2 Sub -Clause 13.7 FIDIC 87 has elaborated more on the types of Law of the Country, while FIDIC 99 has maintained its statements in a brief form. FIDIC 99 has addressed the Contractor’s time entitlement resulting from this Sub-Clause as well as the cost, while FIDIC 87 has merely addressed the cost entitlement.