Clause -by-clause| FIDIC 1999| Red book| Clause 8

Clause -8

Sub clauses:- Commencement of Works, Time for Completion, Programme, Extension of Time for Completion, Delays Caused by Authorities, Rate of Progress, Delay Damages, Suspension of Work, Consequences of Suspension, Payment for Plant and Materials in Event of Suspension, Prolonged Suspension, Resumption of Work

Sub clauses in detail

8.1 Commencement of Works: The Engineer notifies the Contractor of the Commencement Date, typically at least 7 days in advance. The Commencement Date should fall within 42 days after the Contractor receives the Letter of Acceptance, unless specified otherwise.

8.2 Time for Completion: The Contractor must start the works promptly after the Commencement Date and proceed without undue delay. The entire project, including any sections, must be completed within the specified Time for Completion, which includes passing tests on completion and fulfilling all contractual requirements for completion.

8.3 Programme: The Contractor submits a detailed time programme within 28 days after receiving notice of the Commencement Date. This programme outlines the order of work, including design stages, procurement, construction, and testing. It also includes details of subcontractor work, inspections, and tests. If the Engineer doesn't object within 21 days, the Contractor proceeds according to this programme. The Contractor must notify the Engineer of any events likely to affect the work's progress or cost.

8.4 Extension of Time for Completion: The Contractor may be entitled to an extension of time for completion due to various reasons listed, including variations, adverse weather, shortages, or delays caused by the Employer or other contractors. The Contractor must notify the Engineer promptly if they believe they are entitled to an extension.

8.5 Delays Caused by Authorities: Delays or disruptions caused by legally constituted public authorities may be considered as a cause of delay eligible for an extension of time if certain conditions are met.

8.6 Rate of Progress: If the actual progress is too slow or falls behind the programme, the Engineer may instruct the Contractor to revise their methods to expedite progress. The Contractor must adopt these revised methods at their own risk and cost.

8.7 Delay Damages: If the Contractor fails to complete the works by the specified Time for Completion, they may be liable to pay delay damages to the Employer. These damages are typically set out in the contract and are the only damages due from the Contractor for such delays, unless termination occurs.

8.8 Suspension of Work: The Engineer may instruct the Contractor to suspend part or all of the works, during which the Contractor must protect and secure the affected parts. If the suspension causes delay or incurs costs for the Contractor, they may be entitled to an extension of time and payment of costs.

8.9 Consequences of Suspension: The Contractor is not entitled to an extension of time or payment of costs for consequences resulting from their faulty design, workmanship, or failure to protect, store, or secure materials during suspension.

8.10 Payment for Plant and Materials in Event of Suspension: The Contractor may be entitled to payment for the value of Plant and/or Materials that have not been delivered to the site if the work or delivery has been suspended for an extended period.

8.11 Prolonged Suspension: If the suspension continues for an extended period, the Contractor may request permission to proceed. If permission is not granted within a specified timeframe, the Contractor may treat the suspension as an omission or terminate the contract.

8.12 Resumption of Work: After permission or instruction to proceed is given, the Contractor and Engineer inspect the works and affected materials, and the Contractor makes good any deterioration or defects resulting from the suspension.

In a nut shell

Clause 8 of the FIDIC contract outlines crucial aspects related to the commencement, timeframes, delays, and suspension of works. It ensures clarity and accountability in project scheduling, progress monitoring, and management of unforeseen circumstances. The clause emphasizes adherence to agreed timelines, procedures for handling delays, and the consequences of suspending or resuming work. It also addresses extensions of time, delay damages, and responsibilities in case of disruptions caused by authorities or the Contractor. Overall, Clause 8 aims to maintain project efficiency while providing mechanisms for managing delays and disruptions effectively.