Contractor's Obligations under FIDIC Red Book 99


Posted on April 7, 2019 | ⌚ 9 min read



The FIDIC Conditions of Contract "Red Book 99" places a lot of obligations and responsibilities on the Contractor in performing the Works under the Contract.

The Contract allows the Employer to terminate the Contract if the Contractor is failing (or has failed) to perform his obligations under the Contract (Clause 15).

Furthermore, it allows the Engineer to withhold payments of unperformed obligations until they are fulfilled (Clause 14).

It is thus very important for Contractors, Engineers and Employers alike to know the responsibilities and obligations of the Contractor under the General Conditions of FIDIC Red Book 99.

Here is a list of the major obligations of the Contractors under the General Conditions of FIDIC Red Book 99.

It is noteworthy to mention that these general conditions can be easily amended in the Particular conditions, and thus may be changed.

Moreover, this list is a only summary of the major obligations which may be used to withhold payment or send a Notice to Correct under Sub-Clause 15.1, and is not an exhaustive list of the entire obligations of the Contractor.

This list is intended to be used as a reference to the Sub-Clauses that provisions obligations on the Contractor, and shall not be used as a guide or a reference to the exact wording of the Contract.

Sub-ClauseSub-Clause NameContractor is under Obligation to
1.7AssignmentNot to assign whole/any part of the Contract or any benefit or interest in or under the Contract except with prior agreement of the other Party, or right of any moneys due to a bank/financial institution.
1.8Care and Supply of DocumentsSupply 6 copies of Contractor's documents
1.8Care and Supply of DocumentsKeep on Site copy of publications in Specs., Contract, Contractor Documents, Variations, Drawings and other communications
1.8Care and Supply of DocumentsGive access to Employer's Personnel to such documents
1.8Care and Supply of DocumentsNotify Employer of any technical defect in documents
1.9Delayed Drawings or InstructionsNotify Engineer whenever the Works are likely to be delayed/disrupted if any necessary drawing or instruction is not issued within a particular reasonable time.
1.11Contractor's use of Employer's DocumentsNot to use, copy, communicate Employer's Documents to third parties, except as necessary for the Contract
1.12Confidential DetailsDisclose confidential and other information as the Engineer may reasonably require in order to verify its compliance with the Contract
1.13Compliance with LawsComply with applicable Laws in performing the Contract
1.13Compliance with LawsContractor shall give all notices, pay all taxes, duties and fees and obtain all permits, licences and approvals
3.3Instructions of EngineerComply with Engineer's instructions on any matter related to the Contract
4.1Contractor's General ObligationsDesign to the extent specified in the Contract
4.1Contractor's General ObligationsExecute the Works in accordance with the Contract and Engineer's instructions
4.1Contractor's General ObligationsComplete the Works in accordance with the Contract and Engineer's instructions
4.1Contractor's General ObligationsProvide the Plant Specified in the Contract
4.1Contractor's General ObligationsProvide the Contractor's Documents in the Contract
4.1Contractor's General ObligationsProvide all the Contractor's Personnel, Goods, consumables, all other things and services required in and for the design, execution, completion and remedying of defects
4.1Contractor's General ObligationsResponsible for adequacy, stability and safety of all Site operations and methods of construction
4.1Contractor's General ObligationsResponsible for all Contractor's Documents
4.1Contractor's General ObligationsResponsible for Temporary Works
4.1Contractor's General ObligationsResponsible for design of item of Plant and Materials as required by the item to be in accordance with the Contract
4.1Contractor's General ObligationsSubmit details of arrangements/methods which the Contractor proposes to adopt for the execution of Works whenever required by the Engineer
4.1Contractor's General ObligationsNot to make significant alteration to arrangements or methods which it proposes to adopt for the execution of the Works without having previously notified this to the Engineer.
4.1Contractor's General ObligationsSubmit to the Engineer the required Contractor's documents in accordance with the Contract procedures, if the Contract specifies that the Contractor shall design any part of the Permanent Works
4.1Contractor's General ObligationsContractor's Documents shall be in accordance with the Specifications, Drawings, language of Contract and include additional information required by the Engineer for coordination
4.1Contractor's General ObligationsAny part designed by the Contractor shall be fit for purpose when the Works are completed
4.1Contractor's General ObligationsSubmit as-built drawings, O&M manuals, in accordance with the Specifications and in sufficient details prior to Tests on Completion
4.3Contractor's RepresentativeAppoint Contractor's Representative, and give him all authority to act on the Contractor's behalf under the Contract
4.3Contractor's RepresentativeProvide full particulars of Contractor's Representative
4.3Contractor's RepresentativeProvide full particulars of new Contractor's Representative if original is not approved/fails to act
4.3Contractor's RepresentativeNot to revoke the appointment of the Contractor's Representative/appoint new one without Engineer's consent
4.3Contractor's RepresentativeThat the whole time of the Contractor's Representative shall be given to directing the Contractor's performance of the Contract.
4.3Contractor's RepresentativeContractor's Representative shall be fluent in the language of the Contract
4.4SubcontractorsNot to subcontract the whole of the Works
4.4SubcontractorsObtain Engineer's prior consent for proposed Subcontractor's not named in the Contract
4.4SubcontractorsGive Engineer at least 28 days' notice of the intended date of commencement of each Subcontractor's work
4.4SubcontractorsGive Engineer notice of the date of commencement of each Subcontractor's work at Site
4.4SubcontractorsInclude Subcontract provisions which would entitle the Employer to require the Subcontract to be assigned to the Employer
4.6CooperationAllow appropriate opportunities for carrying out work to any other Contractor's employed by the Employer, Personnel of any legally constituted public authorities and Employer's Personnel
4.6CooperationSubmit any Contractor's Documents which requires the Employer to give Contractor access
4.7Setting OutSet out the Works in relation to the original points, lines and levels of reference specified or notified
4.7Setting OutResponsible for the correct positioning of all parts of the Works
4.7Setting OutResponsible for the rectification or any error in the positions, levels, dimensions or alignment of all parts of the Works
4.8SafetyComply with all applicable safety regulations
4.8SafetyTake care for the safety of all persons on Site
4.8SafetyUse reasonable efforts to keep the Site and Works clear of unnecessary obstruction so as to avoid danger
4.8SafetyProvide fencing, lighting, guarding and watching of the Works
4.8SafetyProvide any Temporary Works which may be necessary for the use and protection of the public
4.9Quality AssuranceInstitute QA system
4.9Quality AssuranceDetails of all procedures and compliance documents shall be submitted to the Engineer before each design and execution stage.
4.9Quality AssuranceAll documents shall show Contractor's approval
4.12Unforeseeable Physical ConditionsNotice of Unforeseeable adverse physical conditions encountered
4.12Unforeseeable Physical ConditionsContinue executing the Works after encountering Unforeseeable physical conditions
4.12Unforeseeable Physical ConditionsContractor shall comply with instructions of Engineer relevant to Unforeseeable physical conditions
4.13Rights of Way and Facilitiesobtain any additional facilities outside the Site which he may require for the purpose of the Works
4.13Rights of Way and FacilitiesBear all costs and charges for special/temporary rights of way
4.14Avoidance of InterferenceShall not interfere unnecessarily with the convenience of the public, access to and use and occupation of all roads and footpaths
4.15Access RouteUse reasonable efforts to prevent any road or bridge from being damaged by the Contractor's traffic or the Contractor's Personnel
4.15Access RouteResponsible for any maintenance which may be required for his use of access routes
4.15Access RouteProvide all necessary signs or directions along access routes, and obtain any permission required from relevant authorities for them
4.16Transport of GoodsGive Engineer not less than 21 days' notice of the date on which any Plant or a major item of other Goods will be delivered to the Site
4.17Contractor's EquipmentContractor's Equipment on Site shall be used exclusively for execution of the Works (deeming clause)
4.17Contractor's EquipmentNot remove from the Site any major items of Contractor's Equipment without the consent of the Engineer
4.18Protection of the EnvironmentTake reasonable steps to protect the environment both on and off the Site
4.18Protection of the EnvironmentTake reasonable steps to limit damage and nuisance to people and property resulting from his operations (pollution, noise, …)
4.18Protection of the EnvironmentEnsure that emissions, surface discharges and effluent from the Contractor's activities shall not exceed the values indicated in the Specifications and Applicable Laws
4.19Electricity, Water and GasProvide any apparatus necessary for his use of electricity water and gas and for measuring the quantities used.
4.2Employer's Equipment and Free-Issue MaterialCare, custody and control of free issue materials
4.21Progress ReportsProvide monthly progress reports to the Engineer in six copies within 7 days of the last day of the period to which it relates containing the details described in the Sub-Clause
4.22Security of the SiteKeep unauthorized persons off the Site
4.23Contractor's Operations on SiteConfine operations to Site and additional agreed areas
4.23Contractor's Operations on SiteTake all necessary precautions to keep Contractor's Equipment and Contractor s Personnel within the Site and off adjacent land
4.23Contractor's Operations on SiteKeep Site free from unnecessary obstruction
4.23Contractor's Operations on SiteStore or dispose of Contractor's Equipment or surplus materials
4.23Contractor's Operations on SiteClear away from and remove from the Site any wreckage rubbish and Temporary Works no longer required
5.3Payments to Nominated Sub-ContractorsPay to the Nominated Subcontractor the amounts which the Engineer certifies
5.4Evidence of PaymentsContractor shall provide evidence that the Contractor has the right to withhold the amounts and the Subcontractor has been so notified, if requested by the Engineer
6.2Rates of Wages and Conditions of LabourContractor shall pay rates and observe conditions of labour which are not lower than those established for the trade or industry where the work is carried out
6.3Persons in the Service of the EmployerNot recruit/attempt to recruit staff and labour from Employer's Personnel
6.4Labour LawsContractor shall comply with all relevant labour laws
6.4Labour LawsRequire employee and subcontractors to obey all applicable Laws
6.5Working HoursNo work on Site on local holidays or outside working hours in Appendix to Tender unless otherwise stated in Contract, agreed, or emergency.
6.6Facilities for Staff and LabourNot permit personnel to live within structures forming part of the Permanent Works
6.7Health and Safetytake all reasonable precautions to maintain the health and safety of Contractor's Personnel at all times
6.7Health and SafetyEnsure medical staff, first aid facilities, sick bay and ambulance services available at all times
6.7Health and Safetyensure that suitable arrangements are made for all necessary welfare and hygiene requirements and the prevention of epidemics
6.7Health and SafetyAppoint qualified and empowered accident prevention officer
6.7Health and SafetySend details of all accidents to Engineer as soon as practicable
6.7Health and SafetyMaintain records and make reports regarding health, safety and welfare as required by the Engineer
6.8Contractor's SuperintendenceProvide all necessary superintendence
6.8Contractor's SuperintendenceSuperintendence personnel shall have good knowledge of language of the contract and of the operations to be carried
6.9Contractor's PersonnelShall be appropriately qualified skilled and experienced
6.9Contractor's PersonnelRemove any person required to be removed by Engineer to due conditions described in Sub-Clause
6.9Contractor's PersonnelReplace removed person
6.1Records of Contractor's Personnel and EquipmentSubmit monthly records of personnel and equipment to Engineer
6.11Disorderly ConductTake reasonable precautions to prevent unlawful, riotous or disorderly conduct by its personnel
7.1Manner of ExecutionExecute Works in manner required by Contract in a proper workmanlike and careful manner with properly equipped facilities and nonhazardous Materials
7.3InspectionGive Employer's Personnel full access and protection
7.3InspectionGive notice before work is covered up
7.3InspectionUncover work to allow inspection if failed to give notice
7.4TestingProvide all necessary staff and equipment for testing
7.4TestingAgree with Engineer time and place of testing and promptly forward results to Engineer
7.5RejectionProperly make good the defect if the Engineer rejects or require repair
8.1Commencement of WorksCommence the Works as soon as reasonably practicable after the Commencement Date
8.1Commencement of WorksProceed with the Works with due expedition and without delay
8.2Time for CompletionComplete the Works within the Time for Completion
8.3ProgrammeSubmit a detailed time programme within 28 days after notice of commencement
8.3ProgrammeSubmit revised programme whenever previous programme is inconsistent with actual
8.3ProgrammeProceed in accordance with the programme
8.3ProgrammeGive notice to Engineer of probable future events which may adversely affect the work, increase Contract Price or delay the execution of Works.
8.3ProgrammeSubmit anticipated effect a future effect or Variation proposal
8.6Rate of ProgressAdopt revised methods if progress is behind programme/will not achieve TFC
8.8Suspension of WorkContractor shall suspend progress on all or part of the Works if instructed by Engineer and shall protect store and secure the Works
12.1Works to be MeasuredAssist in making the measurement and supply any particulars requested by Engineer
12.1Works to be MeasuredShall attend to examine and agree records.
12.1Works to be MeasuredGive notice of respect in which records are asserted to be inaccurate
13.1Right to VaryExecute and be bound by each Variation unless it promptly gives notice that it cannot readily obtain the Goods required for the Variation
13.1Right to VaryNot make any alteration and/or modification of the Permanent Works unless and until the Engineer instructs or approves a Variation
13.3Variation ProcedureRespond as soon as practicable if the Engineer requests a Variation proposal
13.3Variation ProcedureAcknowledge receipt of Variation
13.5Provisional SumsProduce, when required, quotations, invoices, vouchers and accounts or receipts
13.6DayworkProduce, when required, quotations, invoices, vouchers and accounts or receipts
13.6DayworkDeliver accurate statements daily including names of Personnel, details of Equipment and Temporary Works and quantities and types of Plant and Materials used. After agreement the Contractor will submit priced statements of these resources.
14.1Contract PricePay all taxes, duties and fees required to be paid by him
14.1Contract PriceSubmit a proposed breakdown of each lumpsum item within 28 days for Commencement Date
17.2Contractor's Care of the WorksFully responsible for the care of the Works and Goods during carrying out of Works (except for Employer's risks) and rectify loss or damage
17.4Consequences of Employer's RiskIf any loss or damage occurs as a result of Employer's risk the Contractor shall promptly give notice to the Employer
17.4Consequences of Employer's RiskIf any loss or damage occurs as a result of Employer's risk the Contractor shall rectify this loss or damage to the extent required by the Engineer
18InsuranceObtain insurance for matters which is required to insure, maintain that insurance and not do anything which might prevent the insurance being enforceable
20.1Contractor's ClaimsKeep contemporary records to substantiate any claim and shall permit the Engineer to inspect such records
20.1Contractor's ClaimsProvide a fully detailed claim within 42 days (or agreed period)) after the Contractor became aware (or should have become aware) of the event or circumstance
20.1Contractor's ClaimsSend further interim claims at monthly intervals including such further particulars as the Engineer requires
20.1Contractor's ClaimsSubmit final claim within 28 days of the end of the effects resulting from the event or circumstances or as agreed.
20.5Amicable SettlementAttempt to settle the dispute amicably where a notice of dissatisfaction has been given

Download link:

Summary of Major Contractor's Obligations Under FIDIC Red Book 99 (pdf)


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