Time management in fidic red book 2017(prmg080 project)
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The document discusses time management under the FIDIC Red Book 2017 construction contract. It outlines the key project parties, including the engineer, employer, and contractor. It then examines various time-related clauses such as the time for completion, commencement and delays, extensions of time, suspension, resumption of work, and delay damages. The payment process and typical payment events are also summarized. Finally, the document reviews FIDIC's dispute resolution provisions, including the process for claims, references to the dispute adjudication board, and potential arbitration.
![8.4 Advance Warning
• The Engineer may request the Contractor to submit a proposal under
Sub-Clause 13.3.2 [Variation by Request for Proposal] to avoid or
minimize the effects of such event(s) or circumstance(s).](https://image.slidesharecdn.com/timemanagementinfidicredbook2017prmg080-project-200108044443/85/Time-management-in-fidic-red-book-2017-prmg080-project-14-320.jpg)
![8.5 Extension of Time for Completion
• The Contractor shall be entitled subject to Sub-Clause 20.2 [Claims
• For Payment and/or EOT] to Extension of Time if and to the extent
that
• completion for the purposes of Sub-Clause 10.1 [Taking Over the
Works and
• Sections] is or will be delayed by any of the following causes:
Measure works
which increases
the quantity
more than
10%causes a
delay to
completion
Contractor
• Review
measured
quantities
• Increase, but
not decrease
the total EOT
Engineer](https://image.slidesharecdn.com/timemanagementinfidicredbook2017prmg080-project-200108044443/85/Time-management-in-fidic-red-book-2017-prmg080-project-15-320.jpg)
![8.7 Rate of Progress
1- slow progress to complete the Works
2- progress has fallen (or will fall) behind the Programme
3- the initial programme has not yet become the Programme
1-instruct the Contractor to submit the revised methods to expedite progress and complete the Works
2-gives a Notice to the Contractor stating otherwise, the Contractor shall adopt these revised methods
1-if these revised methods cause the Employer to incur additional costs, the Employer shall be entitled subject to
Sub-Clause 20.2 [Claims For Payment and/or EOT] to payment of these costs by the Contractor, in addition to Delay
Damages (if any).
2-termination under Sub-Clause 15.2 [Termination for Contractor’s Default] before completion of the Works. These
Delay Damages
Contractor
Engineer
Employer](https://image.slidesharecdn.com/timemanagementinfidicredbook2017prmg080-project-200108044443/85/Time-management-in-fidic-red-book-2017-prmg080-project-18-320.jpg)
![8.8 Delay Damages
Delay Damages
Contractor
Fails to comply with
Sub-Clause 8.2 [Time
for Completion]
Fraud, gross
negligence,
deliberate default or
reckless misconduct
by the Contractor.
Employer
[Claims ForPayment
and/or EOT] to
payment of Delay
Damages by the
Contractor
Delay Damages shall
be the amount stated
in the Contract Data
paid for every day
between the relevant
Time and relevant
Date of Completion
of the Works](https://image.slidesharecdn.com/timemanagementinfidicredbook2017prmg080-project-200108044443/85/Time-management-in-fidic-red-book-2017-prmg080-project-19-320.jpg)
![8.10 Consequences of Employer’s Suspension
Contractor entitled to EOT, or to
payment of the Cost incurred
• If the Contractor suffers delay and/or incurs
Cost from complying with an Engineer’s
instruction under Sub-Clause 8.9 [Employer’s
Suspension] and/or from resuming the work
under Sub-Clause 8.13 [Resumption of Work]
Contractor not entitled to EOT, or to payment
of the Cost incurred, in making good:
• (a) the consequences of the Contractor’s faulty or defective
• (b) any deterioration, loss or damage caused by the Contractor](https://image.slidesharecdn.com/timemanagementinfidicredbook2017prmg080-project-200108044443/85/Time-management-in-fidic-red-book-2017-prmg080-project-21-320.jpg)
Time management in fidic red book 2017(prmg080 project)
- 1. Time Management In Fidic Red Book 2017 Project (PRMG-080) MOHAMED ISMAIL KOTB AUC ID : 700201232 SUBMITTED TO Dr. Bahaa el shael
- 2. Contents Fidic Red Book 2017 Project Parties Agreement or Determination Time for Completion Commencement, Delays and Suspension Sequence of payment FIDIC and its Dispute Resolution Provisions Typical Sequence of Dispute
- 3. Fidic Red Book 2017 • Design and Engineering (incl. BoQs) is done by Employer or Employer’s Representative. • Tenderers fill in their unit prices into the existing BoQs. • Final amount is not fixed, payments are done based on the real amounts executed. (Exceptions are available eg: lump-sum conracts). • Employer carries the risk for contract amount increases. • The better the design, the flawless the project implementation. • Tender evaluations are relatively simpler.
- 4. Project Parties Project Parties Engineer • the person named in the Contract Data appointed by the Employer to act as the Engineer for the purposes of the Contract Employer • he person named as the employer in the Contract Data and the legal successors in title to this person Contractor • the person(s) named as contractor in the Letter of Tender accepted by the Employer and the legal successors in title of such person(s).
- 5. Typical Sequence of Events in Agreement or Determination under Sub-Clause 3.7 Scenario(1) Agreement is reached within 42 days, error found in the Engineer’s Notice of agreement and corrected
- 6. Typical Sequence of Events in Agreement or Determination under Sub-Clause 3.7 Scenario(2) The Parties’ early advice that agreement cannot be reached and so Engineer’s determination is necessary, no error in Engineer’s determination.
- 7. Typical Sequence of Events in Agreement or Determination under Sub-Clause 3.7 Scenario(3) No agreement within 42 days, Engineer determines within 42 days, error found in the Engineer’s determination and corrected.
- 8. The Time for Completion Sequence During Contracts for Construction
- 9. Commencement, Delays and Suspension(sec-8) • 8.1 Commencement of Works • Before the Commencement Date not less than 14 days • Or • The Commencement Date shall be within 42 days after the Contractor receives the Letter of Acceptance. Engineer(Notice the contractor to commence the work) Commence the work Contractor
- 10. Time for Completion Time for completion Contractor Whole works complete with in time Taking over of the works & section clause 10.1
- 11. 8.3Programme Contractor • submit an initial programme for the execution of the Works to the Engineer within 28 days after receiving the Notice Commencement of Works. • submit a revised programme for the actual progress of the Works. Engineer • Review the initial programme and gives the notice within 21 days after receiving the initial programme • Review each revised programme and gives the notice within 14 days after receiving a revised programme The Contractor shall submit a revised programme within 14 days after receiving this Noticeto the Engineer Notice of No-objection • The Contractor shall proceed in accordance with the Programme Engineer give the Notice Yes No
- 12. Initial programme initial programme Commencement Date and the Time for Completion the date right of access to and possession of the Site Execution strategy the order of execution works timing of each stage of Design (if any) Procurement Submission of documents construction, erection, installation nominated Subcontractor works Testing & inspection Schedule & WBS all activities Logically linked the earliest, latest start, finish dates and the float the critical path Milestones
- 13. Revised programme Revised programme Progress actual progress to date Delays any delay to such progress effects of delay Prosals to overcome the effects of any delay Supporting report Execution works Execution Method Required recourses Personnel Equipment significant change(s)
- 14. 8.4 Advance Warning • The Engineer may request the Contractor to submit a proposal under Sub-Clause 13.3.2 [Variation by Request for Proposal] to avoid or minimize the effects of such event(s) or circumstance(s).
- 15. 8.5 Extension of Time for Completion • The Contractor shall be entitled subject to Sub-Clause 20.2 [Claims • For Payment and/or EOT] to Extension of Time if and to the extent that • completion for the purposes of Sub-Clause 10.1 [Taking Over the Works and • Sections] is or will be delayed by any of the following causes: Measure works which increases the quantity more than 10%causes a delay to completion Contractor • Review measured quantities • Increase, but not decrease the total EOT Engineer
- 16. 8.5 Extension of Time for Completion (EOT) EOT Causes Variation Unforeseen climatic conditions Unavailabilit y of labor, material,or equipment Delays caused by the employer Assessed in accordance rules and procedures stated in the Special Provisions as appropriate taking due regard of all relevant circumstances). Concurrent Delay
- 17. 8.6 Delays Caused by Authorities DelaysCaused byAuthorities Contractor has diligently followed the procedures laid down by the relevant legally constituted public authorities authorities or entities delay or disrupt the Contractor’s work delay or disruption was Unforeseeable, Contractor consider Clause 8.4 (EOT for completion)
- 18. 8.7 Rate of Progress 1- slow progress to complete the Works 2- progress has fallen (or will fall) behind the Programme 3- the initial programme has not yet become the Programme 1-instruct the Contractor to submit the revised methods to expedite progress and complete the Works 2-gives a Notice to the Contractor stating otherwise, the Contractor shall adopt these revised methods 1-if these revised methods cause the Employer to incur additional costs, the Employer shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to payment of these costs by the Contractor, in addition to Delay Damages (if any). 2-termination under Sub-Clause 15.2 [Termination for Contractor’s Default] before completion of the Works. These Delay Damages Contractor Engineer Employer
- 19. 8.8 Delay Damages Delay Damages Contractor Fails to comply with Sub-Clause 8.2 [Time for Completion] Fraud, gross negligence, deliberate default or reckless misconduct by the Contractor. Employer [Claims ForPayment and/or EOT] to payment of Delay Damages by the Contractor Delay Damages shall be the amount stated in the Contract Data paid for every day between the relevant Time and relevant Date of Completion of the Works
- 20. 8.9 Employer’s Suspension • protect, store and secure such part or all of the Works against any deterioration, loss or damage Contractor • instruct to suspend progress of part or all of the Works • state the date and cause of the suspension Engineer
- 21. 8.10 Consequences of Employer’s Suspension Contractor entitled to EOT, or to payment of the Cost incurred • If the Contractor suffers delay and/or incurs Cost from complying with an Engineer’s instruction under Sub-Clause 8.9 [Employer’s Suspension] and/or from resuming the work under Sub-Clause 8.13 [Resumption of Work] Contractor not entitled to EOT, or to payment of the Cost incurred, in making good: • (a) the consequences of the Contractor’s faulty or defective • (b) any deterioration, loss or damage caused by the Contractor
- 22. 8.11 Payment for Plant and Materials after Employer’s Suspension Materials which have not been delivered to Site, if: the work on Plant, or delivery of Plant and/or Materials, has been suspended for more than 28 days and the Plant and/or Materials were scheduled, and ready for delivery to the Site during the suspension period reasonable evidence that the Plant and/or Materials comply with the Contract the Contractor has marked the Plant and/or Materials as the Employer’s property in accordance with the Engineer’s instructions. The Contractor shall be entitled to payment of the value Plant and/or Materials which have not been delivered to Site if
- 23. 8.12 Prolonged Suspension Suspension has continued for more than 84 days The Contractor may give a Notice to the Engineer requesting permission to proceed If the Engineer does not give a Notice within 28 days after receiving the Contractor’s Notice the Contractor may agree to a further suspension in which case the Parties may agree the EOT and/or Cost Plus Profit, and/or payment for suspended Plant and/or Materials, arising from the total period of suspension if the Parties not agree after giving a (second) Notice to the Engineer, treat the suspension as an omission of the affected part of the Works with immediate effect including release from any further obligation to protect, store and secure If the suspension affects the whole of the Works, the Contractor may give a Notice of termination
- 24. 8.13 Resumption of Work Engineer • Give Notice to the contractor to proceed the suspended work Contractor • resume work after receiving the Notice from the Engineer Engineer • record any deterioration, loss, damage or defect in the Works or Plant or Materials during the suspension Contractor • Make good all such deterioration, loss, damage or defect to comply with the Contract
- 25. Typical Sequence of payment Events Envisaged in clause 14
- 26. FIDIC 1999 and its Dispute Resolution Provisions FIDIC Procedure for Employer/Contractor’s Claims 28 day Notice of Claim to Engineer 42 day “Fully Detailed Claim” to Engineer “Final Claim” 28 days after end of effects 42 days after receipt of claim Engineer’s Response Clause 3.5 Engineer to“Agree or Determine” Clause 20.1 Contractor’s Claims Clause 3.5 Determinations Agreement/Determination given effect unless revised under Clause 20
- 27. FIDIC 1999 and its Dispute Resolution Provisions(cont.) Reference to Dispute Adjudication Board (DAB) (1 or 3 people) DAB Decision within 84 days of reference “Amicable Settlement” stage ICC Arbitration within 56 days after Notice of Dissatisfaction Clause 20.2 Clause 20.4 Clause 20.5 Clause 20.6 No Notice of Dissatisfaction within 28 days of Decision Notice of Dissatisfaction within 28 days after 84 days of reference No DAB Decision within 84 days of reference Notice of Dissatisfaction within 28 days of Decision DAB Decision final and binding
- 28. FIDIC 1999 and its Dispute Resolution Provisions(cont.) Employer or Engineer gives notice and particulars to Contractor Clause 3.5 Engineer to “Agree or Determine” Clause 2.5 Employer’s Claims Clause 3.5 Determinations Reference to Dispute Adjudication Board (DAB) (1 or 3 people) “Amicable Settlement” stage ICC Arbitration within 56 days after Notice of Dissatisfaction Clause 20.5 Clause 20.6 Clauses 20.2 and 20.4 (See previous diagram for full Clause 20.4 procedure) Agreement/Determination given effect unless revised under Clause 20
- 29. FIDIC 2017 and its Dispute Resolution Provisions Event for Claim 28 day Notice of Claim to Engineer (No) the claiming Party shall not be entitled to any claim Engineer shall give a Notice to the claiming Party, within 14 days after receiving the Notice of Claim (No) valid Notice (yes) the other Party disagrees &review by the Engineer Fully Detailed claim 84 days after the event giving rise to the Claim the Engineer shall, within 14 days after this time limit has expired, give a Notice to the claiming Party accordingly.
- 30. FIDIC 2017 and its Dispute Resolution Provisions
- 31. FIDIC 2017 and its Dispute Resolution Provisions
- 32. Typical Sequence of Dispute Events Envisaged in clause 21