Conditions of Contract for CONSTRUCTION FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYER Multilateral Development Bank Harmonised Edition March 2006 General Conditions This publication is exclusive for use as provided under a Licence Agreement between a Participating Bank and FIDIC, and, consequently, no part of this publication may be reproduced, translated, adapted, stored in a retrieval system or communicated, in any form or by any means, whether mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior permission in writing from FIDIC To request such permission, please contact: FIDIC, Case Postale 311, CH-1215 Geneva 15, Switzerland; Tel +41 22 799 49 00; Fax +41 22 799 49 01; E-mail: fidic@fidic.org FIDIC is not responsible for the accuracy or completeness of translations of this publication unless such translation explicitly indicates otherwise FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS INTERNATIONALE VEREINIGUNG BERATENDER INGENIEURE FEDERACION INTERNACIONAL DE INGENIEROS CONSULTORES General Conditions CONTENTS Definitions listed alphabetically GENERAL PROVISIONS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 Definitions Interpretation Communications Law and Language Priority of Documents Contract Agreement Assignment Care and Supply of Documents Delayed Drawings or Instructions Employer’s Use of Contractor’s Documents Contractor’s Use of Employer’s Documents Confidential Details Compliance with Laws Joint and Several Liability Inspections and Audit by the Bank THE EMPLOYER 2.1 2.2 2.3 2.4 2.5 Right of Access to the Site Permits, Licences or Approvals Employer’s Personnel Employer’s Financial Arrangements Employer’s Claims THE ENGINEER 11 3.1 3.2 3.3 3.4 3.5 Engineer’s Duties and Authority Delegation by the Engineer Instructions of the Engineer Replacement of the Engineer Determinations THE CONTRACTOR 13 4.1 4.2 Contractor’s General Obligations Performance Security © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted i ii 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 Contractor’s Representative Subcontractors Assignment of Benefit of Subcontract Co-operation Setting Out Safety Procedures Quality Assurance Site Data Sufficiency of the Accepted Contract Amount Unforeseeable Physical Conditions Rights of Way and Facilities Avoidance of Interference Access Route Transport of Goods Contractor’s Equipment Protection of the Environment Electricity, Water and Gas Employer’s Equipment and Free-Issue Materials Progress Reports Security of the Site Contractor’s Operations on Site Fossils NOMINATED SUBCONTRACTORS 22 5.1 5.2 5.3 5.4 Definition of “nominated Subcontractor” Objection to Nomination Payments to nominated Subcontractors Evidence of Payments STAFF AND LABOUR 23 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 Engagement of Staff and Labour Rates of Wages and Conditions of Labour Persons in the Service of Employer Labour Laws Working Hours Facilities for Staff and Labour Health and Safety Contractor’s Superintendence Contractor’s Personnel Records of Contractor’s Personnel and Equipment Disorderly Conduct Foreign Personnel Supply of Foodstuffs Supply of Water Measures against Insect and Pest Nuisance Alcoholic Liquor or Drugs Arms and Ammunition Festival and Religious Customs Funeral Arrangements Prohibition of Forced or Compulsory Labour Prohibition of Harmful Child Labour Employment Records of Workers © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted PLANT, MATERIALS AND WORKMANSHIP 27 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Manner of Execution Samples Inspection Testing Rejection Remedial Work Ownership of Plant and Materials Royalties COMMENCEMENT, DELAYS AND SUSPENSION 30 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 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 TESTS ON COMPLETION 33 9.1 9.2 9.3 9.4 Contractor’s Obligations Delayed Tests Retesting Failure to Pass Tests on Completion 10 EMPLOYER’S TAKING OVER 34 10.1 10.2 10.3 10.4 Taking Over of the Works and Sections Taking Over of Parts of the Works Interference with Tests on Completion Surfaces Requiring Reinstatement 11 DEFECTS LIABILITY 36 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 Completion of Outstanding Work and Remedying Defects Cost of Remedying Defects Extension of Defects Notification Period Failure to Remedy Defects Removal of Defective Work Further Tests Right of Access Contractor to Search Performance Certificate Unfulfilled Obligations Clearance of Site © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted iii 12 MEASUREMENT AND EVALUATION 39 12.1 12.2 12.3 12.4 Works to be Measured Method of Measurement Evaluation Omissions 13 VARIATIONS AND ADJUSTMENTS 40 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 Right to Vary Value Engineering Variation Procedure Payment in Applicable Currencies Provisional Sums Daywork Adjustments for Changes in Legislation Adjustments for Changes in Cost 14 CONTRACT PRICE AND PAYMENT 45 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 The Contract Price Advance Payment Application for Interim Payment Certificates Schedule of Payments Plant and Materials intended for the Works Issue of Interim Payment Certificates Payment Delayed Payment Payment of Retention Money Statement at Completion Application for Final Payment Certificate Discharge Issue of Final Payment Certificate Cessation of Employer’s Liability Currencies of Payment 15 TERMINATION BY EMPLOYER 52 15.1 15.2 15.3 15.4 15.5 15.6 Notice to Correct Termination by Employer Valuation at Date of Termination Payment after Termination Employer’s Entitlement to Termination for Convenience Corrupt or Fraudulent Practices 16 SUSPENSION AND TERMINATION BY CONTRACTOR 55 16.1 16.2 16.3 16.4 Contractor’s Entitlement to Suspend Work Termination by Contractor Cessation of Work and Removal of Contractor’s Equipment Payment on Termination 17 RISK AND RESPONSIBILITY 57 17.1 Indemnities 17.2 Contractor’s Care of the Works iv © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted 17.3 17.4 17.5 17.6 17.7 Employer’s Risks Consequences of Employer’s Risks Intellectual and Industrial Property Rights Limitation of Liability Use of Employer’s Accommodation/Facilities 18 INSURANCE 60 18.1 18.2 18.3 18.4 General Requirements for Insurances Insurance for Works and Contractor’s Equipment Insurance against Injury to Persons and Damage to Property Insurance for Contractor’s Personnel 19 FORCE MAJEURE 63 19.1 19.2 19.3 19.4 19.5 19.6 19.7 Definition of Force Majeure Notice of Force Majeure Duty to Minimise Delay Consequences of Force Majeure Force Majeure Affecting Subcontractor Optional Termination, Payment and Release Release from Performance 20 CLAIMS, DISPUTES AND ARBITRATION 65 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 Contractor’s Claims Appointment of the Dispute Board Failure to Agree on the Composition of the Dispute Board Obtaining Dispute Board’s Decision Amicable Settlement Arbitration Failure to Comply with Dispute Board’s Decision Expiry of Dispute Board’s Appointment APPENDIX: DISPUTE BOARD 70 General Conditions of Dispute Board Agreement Annex: Procedural Rules INDEX OF SUB-CLAUSES 77 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted v Definitions listed alphabetically 1.1.4.1 vi Accepted Contract Amount 1.1.4.7 Interim Payment Certificate 1.1.2.11 Bank 1.1.6.5 Laws 1.1.3.1 Base Date 1.1.1.3 Letter of Acceptance 1.1.1.9 Bill of Quantities 1.1.1.4 Letter of Tender 1.1.2.12 Borrower 1.1.4.8 Local Currency 1.1.3.2 Commencement Date 1.1.5.3 Materials 1.1.1.1 Contract 1.1.2.1 Party 1.1.1.2 Contract Agreement 1.1.4.9 Payment Certificate 1.1.1.10 Contract Data 1.1.3.8 Performance Certificate 1.1.4.2 Contract Price 1.1.6.6 Performance Security 1.1.2.3 Contractor 1.1.5.4 Permanent Works 1.1.6.1 Contractor’s Documents 1.1.5.5 Plant 1.1.5.1 Contractor’s Equipment 1.1.4.10 Provisional Sum 1.1.2.7 Contractor’s Personnel 1.1.4.11 Retention Money 1.1.2.5 Contractor’s Representative 1.1.1.7 Schedules 1.1.4.3 Cost 1.1.1.9 Schedule, Payment Currencies 1.1.6.2 Country 1.1.5.6 Section 1.1.2.9 DB 1.1.6.7 Site 1.1.3.9 day 1.1.1.5 Specification 1.1.1.9 Daywork Schedule 1.1.4.12 Statement 1.1.3.7 Defects Notification Period 1.1.2.8 Subcontractor 1.1.1.6 Drawings 1.1.3.5 Taking-Over Certificate 1.1.2.2 Employer 1.1.5.7 Temporary Works 1.1.6.3 Employer’s Equipment 1.1.1.8 Tender 1.1.2.6 Employer’s Personnel 1.1.3.6 Tests after Completion 1.1.2.4 Engineer 1.1.3.4 Tests on Completion 1.1.2.10 FIDIC 1.1.3.3 Time for Completion 1.1.4.4 Final Payment Certificate 1.1.6.8 Unforeseeable 1.1.4.5 Final Statement 1.1.6.9 Variation 1.1.6.4 Force Majeure 1.1.5.8 Works 1.1.4.6 Foreign Currency 1.1.3.9 year 1.1.5.2 Goods © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted General Conditions General Provisions 1.1 Definitions 1.1.1 The Contract In the Conditions of Contract (“these Conditions”), which include Particular Conditions, Parts A and B, and these General Conditions, the following words and expressions shall have the meanings stated Words indicating persons or parties include corporations and other legal entities, except where the context requires otherwise 1.1.1.1 “Contract” means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Specification, the Drawings, the Schedules, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance 1.1.1.2 “Contract Agreement” means the contract agreement referred to in SubClause 1.6 [ Contract Agreement ] 1.1.1.3 “Letter of Acceptance” means the letter of formal acceptance, signed by the Employer, of the Letter of Tender, including any annexed memoranda comprising agreements between and signed by both Parties If there is no such letter of acceptance, the expression “Letter of Acceptance” means the Contract Agreement and the date of issuing or receiving the Letter of Acceptance means the date of signing the Contract Agreement 1.1.1.4 “Letter of Tender” means the document entitled letter of tender or letter of bid, which was completed by the Contractor and includes the signed offer to the Employer for the Works 1.1.1.5 “Specification” means the document entitled specification, as included in the Contract, and any additions and modifications to the specification in accordance with the Contract Such document specifies the Works 1.1.1.6 “Drawings” means the drawings of the Works, as included in the Contract, and any additional and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract 1.1.1.7 “Schedules” means the document(s) entitled schedules, completed by the Contractor and submitted with the Letter of Tender, as included in the Contract Such document may include the Bill of Quantities, data, lists, and schedules of rates and/or prices 1.1.1.8 “Tender” means the Letter of Tender and all other documents which the Contractor submitted with the Letter of Tender, as included in the Contract 1.1.1.9 “Bill of Quantities”, “Daywork Schedule” and “Schedule of Payment Currencies” mean the documents so named (if any) which are comprised in the Schedules 1.1.1.10 “Contract Data” means the pages completed by the Employer entitled contract data which constitute Part A of the Particular Conditions © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted 1.1.2 Parties and Persons 1.1.2.1 “Party” means the Employer or the Contractor, as the context requires 1.1.2.2 “Employer” means the person named as employer in the Contract Data and the legal successors in title to this person 1.1.2.3 “Contractor” means the person(s) named as contractor in the Letter of Tender accepted by the Employer and the legal successors in title to this person(s) 1.1.2.4 “Engineer” means the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the Contract Data, or other person appointed from time to time by the Employer and notified to the Contractor under Sub-Clause 3.4 [ Replacement of the Engineer ] 1.1.2.5 “Contractor’s Representative” means the person named by the Contractor in the Contract or appointed from time to time by the Contractor under Sub-Clause 4.3 [ Contractor’s Representative ], who acts on behalf of the Contractor 1.1.2.6 “Employer’s Personnel” means the Engineer, the assistants referred to in Sub-Clause 3.2 [ Delegation by the Engineer ] and all other staff, labour and other employees of the Engineer and of the Employer; and any other personnel notified to the Contractor, by the Employer or the Engineer, as Employer’s Personnel 1.1.2.7 “Contractor’s Personnel” means the Contractor’s Representative and all personnel whom the Contractor utilises on Site, who may include the staff, labour and other employees of the Contractor and of each Subcontractor; and any other personnel assisting the Contractor in the execution of the Works 1.1.2.8 “Subcontractor” means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor, for a part of the Works; and the legal successors in title to each of these persons 1.1.2.9 “DB” means the person or three persons appointed under Sub-Clause 20.2 [ Appointment of the Dispute Board ] or Sub-Clause 20.3 [ Failure to Agree on the Composition of the Dispute Board ] 1.1.2.10 “FIDIC” means the Fédération Internationale des Ingénieurs-Conseils, the international federation of consulting engineers 1.1.2.11 “Bank” means the financing institution (if any) named in the Contract Data 1.1.2.12 “Borrower” means the person (if any) named as the borrower in the Contract Data 1.1.3 Dates, Tests, Periods and Completion 1.1.3.1 “Base Date” means the date 28 days prior to the latest date for submission and completion of the Tender 1.1.3.2 “Commencement Date” means the date notified under Sub-Clause 8.1 [ Commencement of Works ] 1.1.3.3 “Time for Completion” means the time for completing the Works or a Section (as the case may be) under Sub-Clause 8.2 [ Time for Completion ], as stated in the Contract Data (with any extension under Sub-Clause 8.4 [ Extension of Time for Completion ]), calculated from the Commencement Date © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted 1.1.4 Money and Payments 1.1.3.4 “Tests on Completion” means the tests which are specified in the Contract or agreed by both Parties or instructed as a Variation, and which are carried out under Clause [ Tests on Completion ] before the Works or a Section (as the case may be) are taken over by the Employer 1.1.3.5 “Taking-Over Certificate” means a certificate issued under Clause 10 [ Employer’s Taking Over ] 1.1.3.6 “Tests after Completion” means the tests (if any) which are specified in the Contract and which are carried out in accordance with the Specification after the Works or a Section (as the case may be) are taken over by the Employer 1.1.3.7 “Defects Notification Period” means the period for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 [ Completion of Outstanding Work and Remedying Defects ], which extends over twelve months except if otherwise stated in the Contract Data (with any extension under Sub-Clause 11.3 [ Extension of Defects Notification Period ]), calculated from the date on which the Works or Section is completed as certified under Sub-Clause 10.1 [ Taking Over of the Works and Sections ] 1.1.3.8 “Performance Certificate” means the certificate issued under Sub-Clause 11.9 [ Performance Certificate ] 1.1.3.9 “day” means a calendar day and “year” means 365 days 1.1.4.1 “Accepted Contract Amount” means the amount accepted in the Letter of Acceptance for the execution and completion of the Works and the remedying of any defects 1.1.4.2 “Contract Price” means the price defined in Sub-Clause 14.1 [ The Contract Price ], and includes adjustments in accordance with the Contract 1.1.4.3 “Cost” means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit 1.1.4.4 “Final Payment Certificate” means the payment certificate issued under Sub-Clause 14.13 [ Issue of Final Payment Certificate ] 1.1.4.5 “Final Statement” means the statement defined in Sub-Clause 14.11 [ Application for Final Payment Certificate ] 1.1.4.6 “Foreign Currency” means a currency in which part (or all) of the Contract Price is payable, but not the Local Currency 1.1.4.7 “Interim Payment Certificate” means a payment certificate issued under Clause 14 [ Contract Price and Payment ], other than the Final Payment Certificate 1.1.4.8 “Local Currency” means the currency of the Country 1.1.4.9 “Payment Certificate” means a payment certificate issued under Clause 14 [ Contract Price and Payment] 1.1.4.10 “Provisional Sum” means a sum (if any) which is specified in the Contract as © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted APPENDIX General Conditions of Dispute Board Agreement Definitions Each “Dispute Board Agreement” is a tripartite agreement by and between: (a) (b) (c) the “Employer”; the “Contractor”; and the “Member” who is defined in the Dispute Board Agreement as being: (i) (ii) the sole member of the “DB” and, where this is the case, all references to the "Other Members” not apply, or one of the three persons who are jointly called the “DB” (or “Dispute Board”) and, where this is the case, the other two persons are called the “Other Members” The Employer and the Contractor have entered (or intend to enter) into a contract, which is called the “Contract” and is defined in the Dispute Board Agreement, which incorporates this Appendix In the Dispute Board Agreement, words and expressions which are not otherwise defined shall have the meanings assigned to them in the Contract General Provisions Unless otherwise stated in the Dispute Board Agreement, it shall take effect on the latest of the following dates: (a) (b) (c) the Commencement Date defined in the Contract, when the Employer, the Contractor and the Member have each signed the Dispute Board Agreement, or when the Employer, the Contractor and each of the Other Members (if any) have respectively each signed a dispute board agreement This employment of the Member is a personal appointment At any time, the Member may give not less than 70 days’ notice of resignation to the Employer and to the Contractor, and the Dispute Agreement shall terminate upon the expiry of this period Warranties The Member warrants and agrees that he/she is and shall be impartial and independent of the Employer, the Contractor and the Engineer The Member shall promptly disclose, to each of them and to the Other Members (if any), any fact or circumstance which might appear inconsistent with his/her warranty and agreement of impartiality and independence When appointing the Member, the Employer and the Contractor relied upon the Member’s representations that he/she is: (a) (b) (c) experienced in the work which the Contractor is to carry out under the Contract, experienced in the interpretation of contract documentation, and fluent in the language for communications defined in the Contract General Obligations of the Member The Member shall: 70 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) have no interest financial or otherwise in the Employer, the Contractor or Engineer, nor any financial interest in the Contract except for payment under the Dispute Board Agreement; not previously have been employed as a consultant or otherwise by the Employer, the Contractor or the Engineer, except in such circumstances as were disclosed in writing to the Employer and the Contractor before they signed the Dispute Board Agreement; have disclosed in writing to the Employer, the Contractor and the Other Members (if any), before entering into the Dispute Board Agreement and to his/her best knowledge and recollection, any professional or personal relationships with any director, officer or employee of the Employer, the Contractor or the Engineer, and any previous involvement in the overall project of which the Contract forms part; not, for the duration of the Dispute Board Agreement, be employed as a consultant or otherwise by the Employer, the Contractor or the Engineer, except as may be agreed in writing by the Employer, the Contractor and the Other Members (if any); comply with the annexed procedural rules and with Sub-Clause 20.4 of the Conditions of Contract; not give advice to the Employer, the Contractor, the Employer’s Personnel or the Contractor’s Personnel concerning the conduct of the Contract, other than in accordance with the annexed procedural rules; not while a Member enter into discussions or make any agreement with the Employer, the Contractor or the Engineer regarding employment by any of them, whether as a consultant or otherwise, after ceasing to act under the Dispute Board Agreement; ensure his/her availability for all site visits and hearings as are necessary; become conversant with the Contract and with the progress of the Works (and of any other parts of the project of which the Contract forms part) by studying all documents received which shall be maintained in a current working file; treat the details of the Contract and all the DB’s activities and hearings as private and confidential, and not publish or disclose them without the prior written consent of the Employer, the Contractor and the Other Members (if any); and be available to give advice and opinions, on any matter relevant to the Contract when requested by both the Employer and the Contractor, subject to the agreement of the Other Members (if any) General Obligations of the Employer and the Contractor The Employer, the Contractor, the Employer’s Personnel and the Contractor’s Personnel shall not request advice from or consultation with the Member regarding the Contract, otherwise than in the normal course of the DB’s activities under the Contract and the Dispute Board Agreement The Employer and the Contractor shall be responsible for compliance with this provision, by the Employer’s Personnel and the Contractor’s Personnel respectively The Employer and the Contractor undertake to each other and to the Member that the Member shall not, except as otherwise agreed in writing by the Employer, the Contractor, the Member and the Other Members (if any): (a) (b) (c) be appointed as an arbitrator in any arbitration under the Contract; be called as a witness to give evidence concerning any dispute before arbitrator(s) appointed for any arbitration under the Contract; or be liable for any claims for anything done or omitted in the discharge or purported discharge of the Member’s functions, unless the act or omission is shown to have been in bad faith © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted 71 The Employer and the Contractor hereby jointly and severally indemnify and hold the Member harmless against and from claims from which he is relieved from liability under the preceding paragraph Whenever the Employer or the Contractor refers a dispute to the DB under SubClause 20.4 of the Conditions of Contract, which will require the Member to make a site visit and attend a hearing, the Employer or the Contractor shall provide appropriate security for a sum equivalent to the reasonable expenses to be incurred by the Member No account shall be taken of any other payments due or paid to the Member Payment The Member shall be paid as follows, in the currency named in the Dispute Board Agreement: (a) a retainer fee per calendar month, which shall be considered as payment in full for: (i) (ii) (iii) (iv) being available on 28 days’ notice for all site visits and hearings; becoming and remaining conversant with all project developments and maintaining relevant files; all office and overhead expenses including secretarial services, photocopying and office supplies incurred in connection with his duties; and all services performed hereunder except those referred to in subparagraphs (b) and (c) of this Clause The retainer fee shall be paid with effect from the last day of the calendar month in which the Dispute Board Agreement becomes effective; until the last day of the calendar month in which the Taking-Over Certificate is issued for the whole of the Works With effect from the first day of the calendar month following the month in which the Taking-Over Certificate is issued for the whole of the Works, the retainer fee shall be reduced by one third This reduced fee shall be paid until the first day of the calendar month in which the Member resigns or the Dispute Board Agreement is otherwise terminated (b) a daily fee which shall be considered as payment in full for: (i) (ii) (iii) (c) (d) each day or part of a day up to a maximum of two days’ travel time in each direction for the journey between the Member’s home and the site, or another location of a meeting with the Other Members (if any); each working day on Site visits, hearings or preparing decisions; and each day spent reading submissions in preparation for a hearing all reasonable expenses including necessary travel expenses (air fare in less than first class, hotel and subsistence and other direct travel expenses) incurred in connection with the Member’s duties, as well as the cost of telephone calls, courier charges, faxes and telexes: a receipt shall be required for each item in excess of five percent of the daily fee referred to in sub-paragraph (b) of this Clause; any taxes properly levied in the Country on payments made to the Member (unless a national or permanent resident of the Country) under this Clause The retainer and daily fees shall be as specified in the Dispute Board Agreement Unless it specifies otherwise, these fees shall remain fixed for the first 24 calendar 72 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted months, and shall thereafter be adjusted by agreement between the Employer, the Contractor and the Member, at each anniversary of the date on which the Dispute Board Agreement became effective If the parties fail to agree on the retainer fee or the daily fee, the appointing entity or official named in the Contract Data shall determine the amount of the fees to be used The Member shall submit invoices for payment of the monthly retainer and air fares quarterly in advance Invoices for other expenses and for daily fees shall be submitted following the conclusion of a site visit or hearing All invoices shall be accompanied by a brief description of activities performed during the relevant period and shall be addressed to the Contractor The Contractor shall pay each of the Member’s invoices in full within 56 calendar days after receiving each invoice and shall apply to the Employer (in the Statements under the Contract) for reimbursement of one-half of the amounts of these invoices The Employer shall then pay the Contractor in accordance with the Contract If the Contractor fails to pay to the Member the amount to which he/she is entitled under the Dispute Board Agreement, the Employer shall pay the amount due to the Member and any other amount which may be required to maintain the operation of the DB; and without prejudice to the Employer’s rights or remedies In addition to all other rights arising from this default, the Employer shall be entitled to reimbursement of all sums paid in excess of one-half of these payments, plus all costs of recovering these sums and financing charges calculated at the rate specified in Sub-Clause 14.8 of the Conditions of Contract If the Member does not receive payment of the amount due within 70 days after submitting a valid invoice, the Member may (i) suspend his/her services (without notice) until the payment is received, and/or (ii) resign his/her appointment by giving notice under Clause 7 Termination At any time: (i) the Employer and the Contractor may jointly terminate the Dispute Board Agreement by giving 42 days’ notice to the Member; or (ii) the Member may resign as provided for in Clause If the Member fails to comply with the Dispute Board Agreement, the Employer and the Contractor may, without prejudice to their other rights, terminate it by notice to the Member The notice shall take effect when received by the Member If the Employer or the Contractor fails to comply with the Dispute Board Agreement, the Member may, without prejudice to his other rights, terminate it by notice to the Employer and the Contractor The notice shall take effect when received by them both Any such notice, resignation and termination shall be final and binding on the Employer, the Contractor and the Member However, a notice by the Employer or the Contractor, but not by both, shall be of no effect Default of the Member If the Member fails to comply with any of his obligations under Clause (a) - (d) above, he shall not be entitled to any fees or expenses hereunder and shall, without prejudice to their other rights, reimburse each of the Employer and the Contractor for any fees and expenses received by the Member and the Other Members (if any), for © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted 73 proceedings or decisions (if any) of the DB which are rendered void or ineffective by the said failure to comply If the Member fails to comply with any of his obligations under Clause (e) - (k) above, he shall not be entitled to any fees or expenses hereunder from the date and to the extent of the non-compliance and shall, without prejudice to their other rights, reimburse each of the Employer and the Contractor for any fees and expenses already received by the Member, for proceedings or decisions (if any) of the DB which are rendered void or ineffective by the said failure to comply Disputes Any dispute or claim arising out of or in connection with this Dispute Board Agreement, or the breach, termination or invalidity thereof, shall be finally settled by institutional arbitration If no other arbitration institute is agreed, the arbitration shall be conducted under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with these Rules of Arbitration 74 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted Annex PROCEDURAL RULES Unless otherwise agreed by the Employer and the Contractor, the DB shall visit the site at intervals of not more than 140 days, including times of critical construction events, at the request of either the Employer or the Contractor Unless otherwise agreed by the Employer, the Contractor and the DB, the period between consecutive visits shall not be less than 70 days, except as required to convene a hearing as described below The timing of and agenda for each site visit shall be as agreed jointly by the DB, the Employer and the Contractor, or in the absence of agreement, shall be decided by the DB The purpose of site visits is to enable the DB to become and remain acquainted with the progress of the Works and of any actual or potential problems or claims, and, as far as reasonable, to endeavour to prevent potential problems or claims from becoming disputes Site visits shall be attended by the Employer, the Contractor and the Engineer and shall be co-ordinated by the Employer in co-operation with the Contractor The Employer shall ensure the provision of appropriate conference facilities and secretarial and copying services At the conclusion of each site visit and before leaving the site, the DB shall prepare a report on its activities during the visit and shall send copies to the Employer and the Contractor The Employer and the Contractor shall furnish to the DB one copy of all documents which the DB may request, including Contract documents, progress reports, variation instructions, certificates and other documents pertinent to the performance of the Contract All communications between the DB and the Employer or the Contractor shall be copied to the other Party If the DB comprises three persons, the Employer and the Contractor shall send copies of these requested documents and these communications to each of these persons If any dispute is referred to the DB in accordance with Sub-Clause 20.4 of the Conditions of Contract, the DB shall proceed in accordance with Sub-Clause 20.4 and these Rules Subject to the time allowed to give notice of a decision and other relevant factors, the DB shall: (a) (b) act fairly and impartially as between the Employer and the Contractor, giving each of them a reasonable opportunity of putting his case and responding to the other’s case, and adopt procedures suitable to the dispute, avoiding unnecessary delay or expense The DB may conduct a hearing on the dispute, in which event it will decide on the date and place for the hearing and may request that written documentation and arguments from the Employer and the Contractor be presented to it prior to or at the hearing Except as otherwise agreed in writing by the Employer and the Contractor, the DB shall have power to adopt an inquisitorial procedure, to refuse admission to hearings or audience at hearings to any persons other than representatives of the Employer, the Contractor and the Engineer, and to proceed in the absence of any party who the DB is satisfied received notice of the hearing; but shall have discretion to decide whether and to what extent this power may be exercised © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted 75 The Employer and the Contractor empower the DB, among other things, to: (a) (b) (c) (d) (e) (f) (g) (h) establish the procedure to be applied in deciding a dispute, decide upon the DB’s own jurisdiction, and as to the scope of any dispute referred to it, conduct any hearing as it thinks fit, not being bound by any rules or procedures other than those contained in the Contract and these Rules, take the initiative in ascertaining the facts and matters required for a decision, make use of its own specialist knowledge, if any, decide upon the payment of financing charges in accordance with the Contract, decide upon any provisional relief such as interim or conservatory measures, and open up, review and revise any certificate, decision, determination, instruction, opinion or valuation of the Engineer, relevant to the dispute The DB shall not express any opinions during any hearing concerning the merits of any arguments advanced by the Parties Thereafter, the DB shall make and give its decision in accordance with Sub-Clause 20.4, or as otherwise agreed by the Employer and the Contractor in writing If the DB comprises three persons: (a) (b) (c) it shall convene in private after a hearing, in order to have discussions and prepare its decision; it shall endeavour to reach a unanimous decision: if this proves impossible the applicable decision shall be made by a majority of the Members, who may require the minority Member to prepare a written report for submission to the Employer and the Contractor; and if a Member fails to attend a meeting or hearing, or to fulfil any required function, the other two Members may nevertheless proceed to make a decision, unless: (i) (ii) 76 either the Employer or the Contractor does not agree that they so, or the absent Member is the chairman and he/she instructs the other Members not to make a decision © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted INDEX OF SUB-CLAUSES Sub-Clause Accepted Contract Amount, Sufficiency of the Access Route Access to the Site Access, Right of Accommodation/Facilities, Use of Employer's Adjustments for Changes in Cost Adjustments for Changes in Legislation Adjustments, Variations and Advance Payment Alcoholic Liquor Amicable Settlement Ammunition Applicable Currencies, Payment in Application for Final Payment Certificate Application for Interim Payment Certificates Appointment of the Dispute Board Approvals Arbitration Arms Assignment of Benefit of Subcontract Assignment Audit by the Bank Avoidance of Interference Bank Benefit of Subcontract Care and Supply of Documents Certificate, Application for Final Payment Certificate, Issue of Final Payment Certificate, Performance Certificates, Application for Interim Payment Cessation of Employer’s Liability Cessation of Work and Removal of Contractor’s Equipment Changes in Cost, Adjustments for Changes in Legislation, Adjustments for Child Labour, Harmful, Prohibition of Claims, Contractor’s Claims, Disputes and Arbitration Clearance of Site Commencement Commencement of Works Communications Completion of Outstanding Work and Remedying Defects Completion, Statement at Completion, Tests on Completion, Tests, Failure to Pass Completion, Time for Page 4.11 4.15 2.1 11.7 17.7 13.8 13.7 13 14.2 6.16 20.5 6.17 13.4 14.11 14.3 20.2 2.2 20.6 6.17 4.5 1.7 1.15 4.14 17 19 38 59 43 43 40 45 26 68 26 42 50 46 66 68 26 16 19 1.15 4.5 16 1.8 14.11 14.13 11.9 14.3 14.14 16.3 13.8 13.7 6.21 2.5 20.1 20 11.11 8.1 1.3 11.1 14.10 9.4 8.2 50 51 38 46 51 56 43 43 27Claims 10 65 65 38 30 30 36 50 33 34 30 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted 77 78 Completion, Time, Extension of Compliance with Laws Confidential Details Consequences of Employer’s Risks Consequences of Force Majeure Consequences of Suspension Contract Contract Agreement Contract Amount, Accepted Contract Price and Payment Contract Price Contractor to Search Contractor Contractor, Termination by Contractor’s Care of the Works Contractor’s Claims Contractor’s Documents Contractor’s Entitlement to Suspend Work Contractor’s Equipment Contractor’s Equipment, Cessation of Work and Removal of Contractor’s Equipment, Insurance for Works and Contractor’s General Obligations Contractor’s Obligations Contractor’s Operations on Site Contractor’s Personnel and Equipment, Records of Contractor’s Personnel Contractor’s Personnel, Insurance for Contractor’s Representative Contractor’s Superintendence Contractor’s Use of Employer’s Documents Co-operation Corrupt or Fraudulent Practices Cost of Remedying Defects Cost, Adjustments for Changes in Currencies of Payment 8.4 1.13 1.12 17.4 19.4 8.9 1.1.1 1.6 4.11 14 14.1 11.8 16.2 17.2 20.1 1.10 16.1 4.17 16.3 18.2 4.1 9.1 4.23 6.10 6.9 18.4 4.3 6.8 1.11 4.6 15.6 11.2 13.8 14.15 31 8 58 64 32 17 45 45 38 13 55 57 65 55 19 56 61 13 33 21 26 25 63 14 25 16 54 36 43 52 Damage to Property, Insurance against Injury to Persons and Damages, Delay Date of Termination, Valuation at Dates, Tests, Periods and Completion Daywork Defective Work, Removal Defects Liability Defects Notification Period, Extension Defects, Remedy, Failure to Defects, Remedying Defects, Remedying, Cost of Definition of Force Majeure Definition, Nominated Subcontractor Definitions Delay Damages Delay, Duty to Minimise Delayed Drawings or Instructions Delayed Payment Delayed Tests Delays 18.3 8.7 15.3 1.1.3 13.6 11.5 11 11.3 11.4 11.1 11.2 19.1 5.1 1.1 8.7 19.3 1.9 14.8 9.2 62 32 53 42 37 36 37 37 36 36 63 22 32 64 49 33 30 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted Delays Caused by Authorities Delegation by the Engineer Determinations Discharge Disorderly Conduct Dispute Board, Appointment of the Dispute Board, Failure to Agree on the Composition of Dispute Board’s Appointment, Expiry of Dispute Board’s Decision, Failure to Comply with Dispute Board’s Decision, Obtaining Disputes Drugs Duty to Minimise Delay 8.5 3.2 3.5 14.12 6.11 20.2 20.3 20.8 20.7 20.4 20 6.16 19.3 31 12 13 51 26 66 67 69 69 67 65 26 64 Electricity Employer Employer, Termination by Employer’s Accommodation/Facilities, Use of Employer’s Claims Employer’s Documents Employer’s Entitlement to Termination for Convenience Employer’s Equipment Employer’s Liability, Cessation of Employer’s Liability, Cessation of Employer’s Personnel Employer’s Risks Employer’s Risks, Consequences of Employer’s Taking Over Employer’s Use of Contractor’s Documents Employment Records of Workers Engagement of Staff and Labour Engineer Engineer, Delegation Engineer, Instructions Engineer, Replacement Engineer’s Duties and Authority Engineering, Value Entitlement to Termination for Convenience, Employer’s Environment, Protection of Equipment, Contractor’s Equipment, Employer’s Equipment, Records of Evaluation Evaluation, Measurement and Evidence of Payments Execution, Manner of Expiry of Dispute Board’s Appointment Extension of Defects Notification Period Extension of Time for Completion 4.19 15.2 17.7 2.5 1.11 15.5 4.20 2.4 14.14 2.3 17.3 17.4 10 1.10 6.22 6.1 3.2 3.3 3.4 3.1 13.2 15.5 4.18 4.17 4.20 6.10 12.3 12 5.4 7.1 20.8 11.3 8.4 20 52 59 10 54 20 10 51 10 58 58 34 27 23 11 12 12 13 11 41 54 20 19 20 26 39 39 23 27 69 37 31 Facilities Failure to Failure to Failure to Failure to Festivals 4.13 20.3 20.7 9.4 11.4 6.18 18 67 69 34 37 27 Agree on the Composition of the Dispute Board Comply with Dispute Board’s Decision Pass Tests on Completion Remedy Defects © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted 79 Final Payment Certificate, Application for Final Payment Certificate, Issue of Financial Arrangements Foodstuffs, Supply of Force Majeure Force Majeure Affecting Subcontractor Force Majeure, Consequences of Force Majeure Definition of Force Majeure, Notice of Foreign Personnel Fossils Fraudulent Practices, Corrupt or Free-Issue Materials Funeral Arrangements Further Tests, 14.11 14.13 2.4 6.13 19 19.5 19.4 19.1 19.2 6.12 4.24 15.6 4.20 6.19 11.6 50 51 10 26 63 64 64 63 63 26 22 54 20 27 37 Gas General Provisions General Requirements for Insurances Goods, Transport of 4.19 18.1 4.16 20 60 19 Health and Safety Harmful, Child Labour, Prohibition of 6.7 6.21 24 27 17.1 18.3 6.15 7.3 1.15 3.3 1.9 18 18.3 18.4 18.2 18.1 17.5 10.3 4.14 14.3 14.6 1.2 14.13 14.6 57 62 26 27 12 60 62 63 61 60 58 36 19 46 48 51 48 Joint and Several Liability 1.14 Labour Labour Laws Labour, Conditions of Labour, Engagement Labour, Facilities for Labour, Prohibition of Forced or Compulsory Labour, Prohibition of Harmful Child Law and Language Laws 6.4 6.2 6.1 6.6 6.20 6.21 1.4 1.13 23 24 23 23 24 27 27 Indemnities Injury to Persons and Damage to Property, Insurance against Insect and Pest Nuisance, Measures against Inspection Inspections and Audit by the Bank Instructions of the Engineer Instructions Insurance Insurance against Injury to Persons and Damage to Property Insurance for Contractor’s Personnel Insurance for Works and Contractor’s Equipment Insurances, General Requirements for Intellectual and Industrial Property Rights Interference with Tests on Completion Interference, Avoidance Interim Payment Certificates, Application for Interim Payment Certificates, Issue of Interpretation Issue of Final Payment Certificate Issue of Interim Payment Certificates 80 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted Laws, Labour Legislation, Adjustments for Changes in Liability Liability, Cessation of Employer’s Liability, Defects Liability, Limitation of Licences Limitation of Liability 6.4 13.7 1.14 14.14 11 17.6 2.2 17.6 23 43 51 36 59 59 Materials Materials, Free Issue Materials intended for the Works, Plant and Materials, Ownership of Measurement and Evaluation Measurement, Method of Method of Measurement Money and Payments Money, Payment of Retention 4.20 14.5 7.7 12 12.2 12.2 1.1.4 14.9 27 20 47 29 39 39 39 49 Nominated Subcontractor, Definition of Nominated Subcontractors Nominated Subcontractors, Payments to Nomination, Objection to Notice of Force Majeure Notice to Correct 5.1 5.3 5.2 19.2 15.1 22 22 23 22 63 52 Objection to Nomination Obligations, General, Contractor’s Obligations, Contractors Obligations, Unfilled Obtaining Dispute Board’s Decision Omissions Optional Termination, Payment and Release Other Definitions Ownership of Plant and Materials 5.2 4.1 9.1 11.10 20.4 12.4 19.6 1.1.6 7.7 22 13 33 38 67 40 64 29 Parties and Persons Parts of the Works, Taking Over of Payment Payment, Advance Payment, Currencies of Payment Certificate, Application for Final Payment Certificate, Issue of Final Payment Certificates, Application for Interim Payment, Delayed Payments, Evidence of Payment for Plant and Materials in Event of Suspension Payment in Applicable Currencies Payment and Release , Optional Termination Payment of Retention Money Payment after Termination Payment on Termination Payments to Nominated Subcontractors Payments, Schedule of Performance Certificate Performance Security 1.1.2 10.2 14 14.2 14.15 14.11 14.13 14.3 14.8 5.4 8.10 13.4 19.6 14.9 15.4 16.4 5.3 14.4 11.9 4.2 35 45 45 52 50 51 46 49 23 33 42 64 49 52 56 23 47 38 14 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted 81 Performance, Release from Permits, Licences or Approvals Personnel, Foreign Personnel, Records of Persons Physical Conditions, Unforseeable Plant, Materials and Workmanship Plant and Materials intended for the Works Plant and Materials, Payment in Event of Suspension Plant, Ownership of Price, Contract Priority of Documents Procedure, Variation Programme Progress Reports Prohibition of Forced or Compulsory Labour Prohibition of Harmful Child Labour Property Rights, Intellectual and Industrial Property, Insurance against Injury to Persons and Damage to Protection of the Environment Provisional Sums Provisions, General 19.7 2.2 6.12 6.10 1.1.2 4.12 14.5 8.10 7.7 14.1 1.5 13.3 8.3 4.21 6.20 6.21 17.5 18.3 4.18 13.5 65 26 26 18 27 47 33 29 45 41 30 20 27 27 58 62 20 42 4.9 17 Rate of Progress Records of Contractor’s Personnel and Equipment Records, Employment, Records of Reinstatement, Surfaces Requiring Rejection Release from Performance Religious Customs Remedial Work Remedy Defects, Failure to Remedying Defects, Cost of Removal of Contractor’s Equipment, Cessation of Work and Removal of Defective Work Replacement of the Engineer Reports, Progress Representative, Contractor’s Responsibility Resumption of Work Retention Money, Payment of Retesting Right of Access to the Site Right of Access Right to Vary Rights of Way Risk and Responsibility Risks, Employer’s Royalties 8.6 6.10 6.22 10.4 7.5 19.7 6.18 7.6 11.4 11.2 16.3 11.5 3.4 4.21 4.3 17 8.12 14.9 9.3 2.1 11.7 13.1 4.13 17 17.3 7.8 32 26 27 36 29 65 27 29 37 36 56 37 13 20 14 57 33 49 34 38 40 18 57 58 29 Safety Safety Procedures Samples Schedule of Payments 6.7 4.8 7.2 14.4 24 16 27 47 Quality Assurance 82 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted Search, Contractor to Sections, Taking Over of Security of the Site Security, Performance Service of Employer, Persons in Setting Out Site Site Data Site, Clearance of Site, Contractor’s Operations on Site, Security of Staff Staff, Engagement Staff, Facilities for Statement at Completion Subcontract Subcontractor, Force Majeure Affecting Subcontractors Subcontractors, Nominated Sufficiency of the Accepted Contract Amount Superintendence, Contractor’s Supply of Foodstuffs Supply of Water Surfaces Requiring Reinstatement Suspend Work, Contractor’s Entitlement to Suspension Suspension and Termination by Contractor Suspension of Work Suspension, Consequences of Suspension, Payment, Plant and Materials in Event of Suspension, Prolonged 11.8 10.1 4.22 4.2 6.3 4.7 2.1 4.10 11.11 4.23 4.22 6.1 6.6 14.10 4.5 19.5 4.4 4.11 6.8 6.13 6.14 10.4 16.1 16 8.8 8.9 8.10 8.11 38 34 21 14 24 16 17 38 21 21 23 23 24 50 16 64 15 22 17 25 26 26 36 55 30 55 32 32 33 33 Taking Over of Parts of the Works Taking Over of the Works and Sections Taking Over, Employer’s Termination by Contractor Termination by Contractor Termination by Employer Termination by Employer Termination for Convenience, Employer’s Entitlement to Termination, Payment after Termination, Payment and Release, Optional Termination, Payment on Termination, Valuation at Date of Testing Tests on Completion Tests on Completion, Failure to Pass Tests on Completion, Interference with Tests, Delayed Tests, Further Time for Completion Time for Completion, Extension Transport of Goods 10.2 10.1 10 16 16.2 15 15.2 15.5 15.4 19.6 16.4 15.3 7.4 9.4 10.3 9.2 11.6 8.2 8.4 4.16 35 34 34 55 55 52 52 54 53 64 56 53 28 33 33 36 33 37 30 31 19 Unforeseeable Physical Conditions Unfulfilled Obligations 4.12 11.10 18 38 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted 83 84 Use of Employer’s Accommodation/Facilities 17.7 59 Valuation at Date of Termination Value Engineering Variation Procedure Variations and Adjustments Vary, Right to 15.3 13.2 13.3 13 13.1 53 41 41 40 40 Wages, Rates of Water Water, Supply of Work, Contractor’s Entitlement to Suspend Work, Outstanding, Completion of Work, Resumption of Work, Suspension of Workers, Employment Records of Working Hours Workmanship Works and Goods Works and Sections, Taking Over of Works to be Measured Works, Commencement Works, Contractor’s Care of Works, Part of, Taking Over Works, Plant and Materials intended for the 6.2 4.19 6.14 16.1 11.1 8.12 8.8 6.22 6.5 1.1.5 10.1 12.1 8.1 17.2 10.2 14.5 23 20 26 55 36 33 32 27 24 27 34 39 30 57 35 47 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions For participating development bank financed contract use only No reproduction of this document is permitted