Fédération Internationale des Ingénieurs-Conseils

FIDIC CONDITIONS OF
CONTRACT FOR
CONSTRUCTION
1999 – EDITION 1

Flow Charts
 FIDIC 1999 SETTLEMENT OF DISPUTES –
CLAUSES 20.4 AND 20.5

Settlement of Disputes

Clause 20.4 Clause 20.4 Clause 20.4 Clause20.4 Clause 20.5 Clause 20.5
Is there a Has either Has DAB given Has either party, Is attempt at Arbitration may
dispute party referred* notice of his within 28 days of amicable commence
between the the matter in decision* to DAB's decision, settlement after 56 days
parties? dispute to the both parties given notice to successful? (Clause 20.6
DAB, copy to within 84 days other party, of Sets down the
yes other party? yes of receipt of yes dissatisfaction yes no rules applying
reference? to the
arbitration
process)

no no no yes

Clause 20.4 Clause 20.4 Clause 20.4 Dispute

not activated After 84 days, DAB's decision resolved in
parties may becomes final terms of
proceed to 20.5 and binding settlement
(procedure not
set down)

Notes: Party means the Employer or the Contractor

* Reference/Decision must state that it is issued pursuant to Clasue 20.4

 FIDIC 1999 EXTENSIONS OF TIME – CLAUSE 8.4

Extension of Time for Completion

Clause 8.4 Clause 8.4 and Clause 20.1 Clause 20.1 Clause 3.5
Contractor 20.1 Contractor provides Engineer within 42 Engineer must
considers himself Contractor Engineer with days of receipt of claim consult with
entitled to EOT advises Engineer detailed particulars or particulars must Employer and
within 28 days of within 42 days and respond on the Contractor to reach
yes event first arising yes interim particulars at principles of the claim agreement on EOT
intervals of not more with approval or and additional
than 28 days if rejection with detailed payment if any
continuing event comments and proceed
in accordance with
Clause 3.5

no no

Clause 20.1 2nd Clause 20.1

Paragraph Amount of claim may
No EOT may be be limited if failure
given and has prevented or
Employer prejuduced proper
discharged from investigation but
liability Contractor may still
be entitled to EOT
 FIDIC 1999 VARIATIONS – CLAUSE 13

Variations in Form, Quality or Quantity of work

Clause 13.1 Clause 13.3 Contractor Clause 12.3 Clause12.3 Clause 12.3
Engineer forms Engineer gives notice and 3.5 Are rates and and 3.5
the opinion that instructs that cannot Valuation is prices in Engineer
a variation is Contractor to procure goods determined by Contract consults with
needed? yes execute yes no the Engineer, yes suitable to no Employer and
variation? but consults value variation? Contractor
with Contractor
and Employer

yes yes
Clause 12.3
Such rates and
Engineer to act prices used
 FIDIC 1999 PAYMENT CERTIFICATES – CLAUSE 14.3

Interim Payment Certificates

Clause 14.3 Clause 14.6 Clause 14.6 Clause 14.6 Clause 14.7 Clause 14.8
After end of Engineer Is the amount Engineer Employer Contractor
each month, assesses due to the delivers Interim pays entitled to
Contractor claim and Contractor Payment Contractor interest at rate
submits yes determines yes more than yes Certificate to yes within 56 days no stated in
statement of amount due to Minimum Employer of receipt by Appendix
claim to Contractor Amount? within 28 days the
Engineer Contractor's
statement
no no no
Amount need
Unspecified Unspecified
not certified

Initial Finalisation Process

Engineer Clause 14.10 Clause 14.10

issues Within 84 days Engineer
Taking-Over of Taking-Over certifies IPC as
Certificate Certificate, per Clause
yes Contractor yes 14.6 above
provides
Statement at
Completion

yes

50% of
retention
released

Note: Schedule of Payment approach Clause 14.4, may be written into the
 FIDIC 1999 PAYMENT CERTIFICATES – CLAUSE 14.11

Final Payment Certificate

Clause 14.11 Clause14.11 Clause 14.11 Clause 14.11 Clause 14.11 Clause 14.7 Clause 14.8
Within 56 days Engineer Contractor Engineer Engineer Employer Contractor
of issue of agrees with submits further agrees with certifies IPC pays IPC entitled to
Performance draft? information revised draft? as per Clause within 28 days interest at rate
Certificate 14.11 for parts stated in
Contractor yes no yes no not in dispute yes no Appendix
submits draft Dispute then
final statement setlled as per
Clause 20.4 or
20.5

no yes yes
Clause 14.11 Contractor submits Final Statement Clause 14.7 Clause 14.8
unspecified Clause 14.12 Contractor submits written discharge yes Clause 14.13 Employer Contractor
Engineer pays FPC entitled to
issues Final within 56 days interest at rate
Payment stated in
Certificate to yes no Appendix
Employer,
copy to
Contractor
within 28 days

Note: Upon the issue of the Taking-Over Certificate, one half of the Retention Money shall certified by the Engineer for payment to the Contractor
Upon the expiration of the Defects Notification Period, the other half of the Retention Money shall certified by the Engineer for payment to the Contractor
unless there is outstanding work pursuant to Clauses 11 and 14.9.

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