INTRODUCTION TO CHECKLIST

FIDIC Form of Contract is used for International Civil Engineering Work as well as for large International Building Projects. This form of Contract, based on its type/scope of the Contract is commonly called as Red Book. The Red Book is mainly based on domestic contract; the legal concepts are rooted in the common law system; the responsibility and liability is based on the sharing of risks between the contracting parties. There is generally a greater demand for communication and adherence to set procedures between the Employer, the Contractor and the Engineer in their dealings with each other under the provisions of the FIDIC. The emphasis is to achieve harmony with the implementing parties and a grasp of FIDIC conditions will enable to accomplish this objective. The Check List is prepared to familiarize the parties on the

requirement of FIDIC (Red Book).CHECKLIST AFTER AWARD OF CONTRACTSl. NoSubClause No.DescriptionRemarks

12.2Appoint the Engineers representative

22.3Delegate to the Engineers representative, in writing, any of the duties and authorities vested in the Engineer, with a copy to the Employer.

32.4Appoint assistants to the Engineers representative. Notify the Contractor of the names, duties and scope of authority of assistants.

41.5Ensure that any notice, consent, approval, certificate or determination is in writing.

52.1 (c)Ensure that no action is taken which would relieve the contractor of his obligations under the contract, unless expressly stated therein.

62.5When giving instructions, Do so in writing or if oral, confirm in writing.

719.1The engineer has the authority to require the contractor to provide and maintain lights, guards, fencing, warning signs and watching, at the latters cost.

836.1All materials, plant and workmanship shall be as described in the contract and in accordance with the engineers instructions.

937.1The engineer, or any person authorized by him, shall at all reasonable times have access to the site, workshops and place of manufacture.

1037.2The engineer is authorized to inspect and test the materials and plant to be supplied.

1137.4The engineer, as a rule, has the authority, when necessary, to reject materials or plant if defective or not in accordance with the contract and notify the contractor stating his objections with reasons.

1238.2The engineer, as a rule, has the authority, when necessary, to instruct the contractor to uncover or make openings in or through any part of the works. Determine, after due consultation, the amount of costs, if work is satisfactory, and Notify the contractor accordingly, with a copy to the employer.

1339.1The engineer, as a rule, has authority when necessary to instruct the contractor to remove any materials or plant not in accordance with the Contract.

1414.1Prescribe the form and the detail of the programme to be submitted by the Contractor. If appropriate give Consent to such programme.

Note: Work Programme to be finalzed with the Contractor before Issue of LOA/Contract Agreement.

1510.1Receive notification from the contractor regarding the provision of performance security.

1614.3Receive a detailed cash flow estimate. If required, Ask the contractor to submit revised estimates at quarterly intervals.

Note: To be submitted before LOA and form part of Agreement.

1714.1Ask the Contractor to submit a general description of the arrangements and methods he proposes to adopt for the execution of the works.

Note:i) To submit Quality Assusrance Programme & Formats.

ii) Environmental Management Plan.

iii) Safety Proposals.

1814.2If appropriate, Request the Contractor to produce a revised programme.

Note: Read with Clause 46.1

1915.1Approve the authorized representative of the Contractor and keep under review such approval. Determine the period of superintendence required after completion of the works. If the Engineers approval of the Contractors authorized representative is withdrawn, Notify the Contractor accordingly.

Note: Obtain Contractors Organization Chart with Names.

2016.2If applicable, Object to and Require the Contractor to remove any person who is incompetent or negligent or who misconducts himself or whose presence on site is undesirable.

2117.1Inform the Contractor of the original points, lines and levels of reference and in case of error in the position, levels, dimensions or alignment of the setting out of any part of the works, Require the Contractor to rectify such error either at his own cost or against an addition to the Contract price Determined by the Engineer. Notify the Contractor accordingly with a copy to the Employer.

Note:

1. To check Hydraulics of Mains to feed MBR/Sump and submit to the Engineer.

2. To check size of Pipeline and submit to Engineer

3. To submit the Design of required Units to Engineer.

226.1Keep the drawings in the sole custody of the Engineer.

2318.1If boreholes or exploratory excavations are required, such requirement shall be the subject of an instruction in accordance with clause 51, unless provided for in the Bill of Quantities.

2436.1Specify any tests which may be required and select any materials or plant for testing.

Note: QAP to be submitted to the Engineer for Approval.

2537.3Notify the Contractor when intending to inspect or to attend tests on materials and plant to be supplied under the Contract.

2637.4Consider and if required, Request that the tests of rejected materials or plant to an independent inspector in accordance with sub clause 2.4. Notify such delegation and appointment to the Contractor with a notice not less than 14 days.

Note: Engineer to notify TPIA and the Contractor.

2737.5Consider and if required, Delegate inspection and testing of materials and plant to an independent inspector in accordance with sub clause 2.4. Notify such delegation and appointment to the Contractor with a notice not less than 14 days.

Note: Engineer to notify TPIA.

2841.1Notify the Contractor to commence the works within the time stated in the Appendix to tender.

2946.1Consider whether or not the rate of progress of the works is too slow to comply with the time for completion and if so, whether this is for a reason which does not entitle the contractor to an extension of time, and if so, Notify the contractor accordingly. If the employer is involved, as a result, in additional costs, Determine, after due consultation, the amount recoverable from the contractor and Notify him accordingly with a copy to the employer.

Note: Notify to be numbered serially.

3049.2Inspect works and Instruct the contractor to execute amendments; reconstruction; and to remedy defects, shrinkages or other faults.

3151.1Where necessary, vary the form, quality or quantity of the works, or any part thereof and for that purpose, or if appropriate, Instruct the contractor in accordance with clause 51.1 with the effect to be valued in accordance with clause 52.

3252.2Consider whether or not any rate or price should be varied as a result of any instruction under clause 51, and if so, Notify the contractor within 14 days of the date of such instruction of the intention to vary a rate or a price.

Note: Rate Analysis to be submitted by the

Contractor.

3352.4If necessary or desirable, issue an instruction that any varied works shall be executed on a daywork basis in accordance with the procedures set out in sub clause 52.4.

Note: Engineer to avoid works under Daywork.

3456.1Ascertain and Determine by measurement the value of the works. Notify the contractor giving reasonable time when any part of the work is to be measured and follow the procedure under clause 56.

Note: The Contractor shall submit the Measurement and Engineer to check.

3557.2Receive within 28 days after receipt of the letter of acceptance and, if appropriate, Approve the breakdown for each of the lump sum items contained in the Tender.

3658.1Determine the provisional sum to be used, in whole or in part, and Instruct and Notify the contractor accordingly with a copy of the notification to the Employer.

Note: Engineer shall analyze taking up works under PS.

3760.1&60.2Prescribe from time to time the form of statement to be submitted by the contractor under sub-clause 60.1. Certify, within 28 days of receiving such statement, to the employer the amount to be paid to the contractor.

3870.2If, after 28 days prior to the latest date for submission of tenders for the contract, changes in legislation occur which cause additional or reduced costs to the contractor other than due to rise or fall in the cost of labour and / or materials and other matters under sub-clause 70.1, Determine after due consultation such additional or reduced costs from the contract price and Notify the contractor accordingly with a copy to the employer.

Note: Contractor to be addressed for availing Duty Exemption.

394.1If appropriate, Give consent to the contractor to sub-contract any part of the work.

4020.2In case of loss or damage to the works due to any of the contractors risks, Consider whether or not satisfied with the rectification and if so give instructions as necessary.

4125.1Receive notification from the contractor of providing evidence of insurance as required under the contract.

Note: To be done at the time of releasing second installment of Mobilization Advance.

425.2Issue instructions to explain and Adjust any ambiguities or discrepancies which may be present in the contract documents.

436.3Check that any notice given by the contractor under sub-clause 6.3 contains all the details required. Avoid, or if not possible, Minimize, likely delay or disruption.

447.2Where drawings, specification, calculations, maintenance manuals, and other information is submitted by the contractor, where appropriate, Approve such documents. (Such approval does not relieve the contractor of any of his responsibilities.)

4512.2When the contractor gives notice of encountering physical obstructions or physical conditions under sub-clause 12.2 and if such obstructions or conditions could not have been reasonable foreseen by an experienced contractor, determine, after due consultation, extension of time and amount of any costs incurred by the contractor. Notify the contractor accordingly, with a copy to the employer.

4630.3&30.4If and when notification from the contractor of any damage to any bridge or road is received and if a claim is made successfully as a result of a failure by the contractor to observe and perform any of his obligations, Determine, after due consultation, the amount recoverable from the contractor. Notify the contractor with a copy to the employer.

4731.1If applicable, Require the contractor to afford all reasonable opportunities for other contractors and workmen to carry out their work.

4838.1Receive notice in respect of any part of the works or foundations which are ready for examinations and without unreasonable delay Attend to examine and measure.

4939.2In case of default by the contractor in carrying out instructions in accordance with sub-clause 39.1, Determine after due consultation all costs recoverable from the contractor by the employer and Notify the contractor accordingly with a copy to the employer.

5040.3When a notice is received within sub-clause 40.3, Consider and, if appropriate, Grant permission within 28 days from receipt of that notice to proceed with the suspended works.

5167.1If a dispute is referred to the engineer in writing under clause 67, Notify within 84 days of receipt of such reference, the employer and the contractor of the decision stating that such decision is made pursuant to clause 67.

5269.4If notified by the contractor under sub-clause 69.4 that work will be suspended or the rate of work reduced, and following such suspension or reduction the contractor suffers delay or incurs costs, Determine after due consultation extension of time and amount of costs to be added to the contract price and Notify the contractor accordingly with a copy to the employer.

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