Contractual Notices under FIDIC Red Book 1999
Ilamparithi BoologaSundaraVijayan
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1. Notice of Commencement Date (Clause 8.1)
This is the official notice issued by the Engineer to the Contractor, signaling the start of the Works. It sets the date from which the contractual time for completion begins.
2. Notice of Delay (Clause 20.1)
If the Contractor believes they are entitled to an extension of time or additional payment under the contract, they must promptly notify the Engineer. This notice should detail the nature and cause of the delay.
3. Notice of Employer's Financial Arrangements (Clause 2.4)
The Contractor can request evidence of the Employer’s financial arrangements to ensure that the Employer can meet their payment obligations. This notice seeks to provide assurance of the Employer's financial capability.
4. Notice of Claims (Clause 20.1)
When the Contractor intends to claim additional payment or an extension of time, they must notify the Engineer, describing the event or circumstance that has led to the claim. This helps in documenting and justifying the claim.
5. Notice to Correct (Clause 15.1)
If the Contractor fails to fulfill any contractual obligation, the Engineer can issue a notice requiring the Contractor to rectify the failure within a specified period. This serves as a formal request to address deficiencies.
6. Notice of Suspension (Clause 16.1 and 8.8)
The Contractor can issue a notice to suspend work under certain conditions, such as non-payment by the Employer. Conversely, the Engineer can also issue a suspension notice if necessary, as outlined in the contract.
7. Notice of Termination by Contractor (Clause 16.2)
The Contractor can give notice to terminate the contract if the Employer fails to meet its obligations. This notice formalizes the Contractor’s decision to terminate the agreement due to the Employer’s default.
8. Notice of Employer's Termination (Clause 15.2)
The Employer can issue a termination notice if the Contractor fails to comply with specific conditions of the contract. This notice signifies the Employer’s intent to end the contract due to the Contractor's breach.
9. Notice of Completion (Clause 10.1)
When the Contractor believes the Works are complete, they must notify the Engineer. This triggers the inspection and approval process to confirm completion.
10. Notice of Testing (Clause 7.4)
The Contractor must notify the Engineer when they are ready to conduct necessary inspections and tests. This ensures that the Engineer can arrange for these tests to be witnessed and validated.
11. Notice of Defects (Clause 11.1)
The Contractor is required to notify the Engineer of any defects in the works within the defects notification period. This notice initiates the process of addressing and rectifying defects.
12. Notice of Subcontracting (Clause 4.4)
When engaging subcontractors, the Contractor must inform the Engineer. This notice ensures that the Engineer is aware of all parties involved in the project.
13. Notice of Variations (Clause 13.1)
The Engineer can issue a notice instructing the Contractor to make changes to the works. This notice details the variations and provides the necessary instructions for implementation.
14. Notice of Cost Adjustment (Clause 13.7)
If legislative changes affect the Contract Price, the Contractor must notify the Engineer. This notice is essential for adjusting the contract terms to reflect new costs.
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15. Notice of Failure to Insure (Clause 19.2)
If either party fails to maintain the required insurance, the other party must issue a notice of such failure. This notice helps in addressing and remedying the insurance lapse.
16. Notice of Unforeseeable Physical Conditions (Clause 4.12)
When the Contractor encounters unforeseeable physical conditions, they must notify the Engineer. This notice allows for the evaluation and potential adjustment of the contract terms.
17. Notice of Dispute (Clause 20.4)
In the event of a dispute between the Contractor and the Employer, either party can issue a notice of dispute. This notice initiates the dispute resolution process outlined in the contract.
18. Notice of Exceptional Weather (Clause 8.4)
If the Contractor encounters exceptionally adverse climatic conditions, they must notify the Engineer. This notice is critical for documenting weather impacts and seeking adjustments to the project timeline.
19. Notice of Suspension by Engineer (Clause 8.8)
The Engineer can issue a suspension notice if work needs to be halted for reasons specified in the contract. This notice formalizes the decision to suspend activities.
20. Notice of Mobilization (Clause 4.1)
The Contractor must notify the Engineer about the mobilization of resources and personnel. This notice ensures that the Engineer is aware of the commencement of on-site activities.
21. Notice of Early Completion (Clause 8.2)
If the Contractor finishes the work ahead of schedule, they must notify the Engineer. This notice allows for the early completion to be acknowledged and validated.
22. Notice of Entry to the Site (Clause 2.1)
The Employer must notify the Contractor when the site is ready for occupation. This notice ensures that the Contractor can commence work as planned.
23. Notice of Advance Payment Bond (Clause 14.2)
The Contractor must provide notice of the advance payment bond to the Engineer. This notice confirms that the bond is in place to secure advance payments made by the Employer.
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