United Kingdom: Use And Misuse Of FIDIC Forms Of Contract In ...

United Kingdomfile:///K:/FRANCOIS_FILING_SYSTEM/fidic/ressources/Frederickgillon2012.htmlPage 3 sur 819/12/2012can be relatively short.particular to inspect the Siteand examine data hydrologicaland subsurface data and alsoto scrutinise the Employer'sRequirements (see Designbelow).DesignThe Contractor is responsible for design of the Works (sub-Clause 5.1), and is required to design the Works in accordancewith the Contract such that, when completed, the Works are fitfor purpose (Sub-Clause 4.1) and gives an undertaking that thedesign will be in accordance with the documents forming part ofthe Contract, which include the Employer's Requirements (Sub-Clause 5.3).The Contractor is notresponsible for any error, faultor other defect found in theEmployer's Requirements tothe extent that "an experiencedcontractor exercising duecare" would not havediscovered the error, fault ordefect before submitting itstender (Sub-Clause 5.1).The Contractor is deemed tohave scrutinised theEmployer's Requirements andis responsible for the accuracyof the Employer'sRequirements (includingdesign criteria andcalculations), except for thematters identified in subparagraphs(a) to (d) in Sub-Clause 5.1 2 .Contract Price and PaymentLump sum priceContractor's rights to claimadditional time / moneyThe Employer will seek alower tender price but isprepared to accept certainrisks during the course of theproject.Interim and final payments arecertified by the Engineer.Various rights for theContractor to claim additionaltime / money under theContract, including in respectof those risks borne by theEmployer in respect of errorsin the Setting Out data (Sub-Clause 4.7), errors in the Sitedata (Sub-Clause 4.10) andunforeseen Site risks (Sub-Clause 4.12).The Employer will typicallyaccept the cost premiumattached to the "turn key"approach, so as to limit itsexposure to additionaltime/money claims.Interim and final payments aremade without certification;typically determined byreference to a Schedule ofPayments.Limited rights for claim theContractor to claim additionaltime / money under theContract. Sub- Clause 8.4[Extension of Time forCompletion] does not includethe right to an extension oftime in the event ofexceptionally adverse climaticconditions or unforeseeableshortages.