FIDIC 1999- Clause Comparison- 1

           

 

CLAUSE	RED BOOK	YELLOW BOOK	GREEN BOOK	SILVER BOOK
The Employer
Right of access to the site	Employer shall give right of access to the contractor at time mentioned in appandix or time require contractor commence the work according to programme Contractor can claim for time and cost if right of access delayed by contractor	Same as red	Employer shall give right of access to the contractor at time mentioned in appendix Other detail not available (Provision of site)	Same as red
Permits, Licences or Approvals	Employer shall give an asisstent to contractor obtain any Permits, Licences or Approvals by low of country by request of contractor(there are 3 specified type of approvals)	Same as red	Same as red but there are no specified areas	Same as red
Employer's Personnel	The employer shall responsible for employer’s personal and employer’s contractor on site and they shall coordinate with contractors work	Same as red	Not available	Same as red
Employer’s Financial Arrangements	Employer shall submit by request from contractor, evidence that financial arrangement have been made	Same as red	Not available	Same as red
Employer’s Claims	Employer can claim time and money if he entitle under any clause of condition or under a contract The claim amount can be deductible from contractor’s payments	Same as red	Not available	Same as red
The Engineer
Engineer’s Duties and Authorities	Employer shall appoint an Engineer or representative to act on behalf of him by giving some authority. Engineer shall act according authority delegated through the contract Engineer has no authority to relieve any party from responsibilities	Same as red	Engineer has full authority which client has, except termination of contract	Same as red
Delegation by the Engineer	Engineer can assign duties and delegate authorities to the assistant The assignment or dedication shall informed to both parties in written Assistant shall act according to the given delegation Any act of delegated person shall have same effect as Engineer	Same as red	Not available	Same as red
Replacement of the Engineer	Employer can replace the Engineer by giving prior notice to the contractor not less than 42 days	Same as red	Not available	Employer can replace the Engineer by giving prior notice to the contractor not less than 14 days
Instructions of the Engineer or Instruction	Engineer or Engineer’s representative shall issue instructions which necessary to execute the work If any instruction constitute a variation, variation clause shall apply			Employer shall issue instructions which necessary to execute the work If any instruction constitute a variation, variation clause shall apply
Determinations	Engineer shall make fair determination to any issue to reach agreement between parties If parties dissatisfy can go for claim, Dispute and Arbitration	Same as red	Not available	Same as red Contractor shall give notice of dissatisfaction within 14 days after determination
Nominated Subcontractors	Employer can nominate own sub-contractor Contractor shall raise reasonable objection to employ a sub-contractor  by notice to the Engineer Payment shall be made by contractor after certified by the engineer	Same as red but no payment instructions	Not available	Same as red but no payment instructions
Staff and Labour
Engagement of Staff and Labour	Contractor shall make arrangements for the engagement of all staff and labour	Same as red	Not available	Same as red
Rates of Wages and Conditions of Labour	Contractor shall pay rates of wages and obsereve conditions of labour not lower than the established for trade or general level	Same as red	Not available	Same as red
Persons in the Service of Employer	Contractor shall not recruit, staff or labour from Employer’s personals	Same as red	Not available	Same as red
Labour Laws	Contractor shall comply with all relevant labour laws applicable to employer’s personals and his employees	Same as red	Not available	Same as red
Working Hours	No work shall carried out during recognized holidays and except working time mentioned in appendix without proper reason	Same as red	Not available	Same as red
Facilities for Staff and Labour	Contractor shall provide and maintain all accommodation and welfre facilities for his personals and for employer’s personal according to specification Can’t provide accommodation for contractor’s personal within constructiong building	Same as red	Not available	Same as red
Health and Safety	Contractor shall make reasonable precution to maintain the health and safety of contractor’s and employer’s personals.	Same as red	Not available	Same as red
Contractor’s Superintendence	Contractor shall provide all necessary superintendence for the satisfactory and safe execution of the Works	Same as red	Not available	Same as red
Contractor's Personnel	Contractor can have personals on site but Engineer may require the Contractor to remove any person due to proper reason	Same as red	Not available	Same as red
Records of Contractor's Personnel and Equipment	Contractor shall submit, to the Engineer, details showing the Contractor’s Personnel and equipment monthly	Same as red	Not available	Same as red
Disorderly Conduct	Contractor shall take all reasonable precautions to prevent any disorderly conduct by or amongst the Contractor's Personnel	Same as red	Not available	Same as red
Plant, Materials and Workmanship
Manner of Execution	Contractor shall execute any work accordance with manner specified or with recognized practice.	Same as red	Not available	Same as red
Samples	Contractor shall submit relevant sample with adequate information to the Engineer	Same as red	Not available	Same as red
Inspection	Employer’s personal shall have accsess to any part site at any time to conduct inspection or test and similar act Contractor shall give full opportunity to carry out these works	Same as red	Not available	Same as red
Testing	Contractor shall provide all necessary assistance and resouses require to carry out th specified tes efficientlyi Cost of additional test due to contractor’s matter, have to bear by contractor	Same as red	Not available	Same as red
Rejection	Engineer may reject any material, design and workmenship if it found to be defective or not in accordance with contract with reason by test or inspection Employer can claim for additional cost of retesting due to rejection	Same as red	Not available	Same as red
Remedial Work	Engineer may instruct the Contractor to do any remedial work in some situations If contractor fail to do employer can appoint other person to carry out the work and entitle to employer’s claim	Same as red	Not available	Same as red
Ownership of Plant and Materials	Except these two situation, employer will be the owner for plant and materials (a)    When it is delivered to site (b)   When contractor is entitle to payment for plant and material according to clause 8.10	Same as red	Not available	Same as red
Royalties		Same as red	Not available	Same as red