Construction Law/as-built documents


Dear Mr. Elliott
I am attached to a consulting firm acting as the Engineer in a civil works contract which uses FIDIC 2006 MDB Harmonised ver. Sub-Clause 4.1 stipulates the Contractor's obligation in case design is part of his scope. We are preparing the Particular Conditions (PC) for the Employer and the contract does not involve contractor's design obligations. Will it be reasonable to include provisions in the PC whereby the Contractor will be obliged to submit as-built documents? Please note that we will also provide fair payment in the BOQ?

Thank you,

Dear Kenji,

It is a requirement to submit as-built drawings and manuals under clause 4.1 (d) of the standard red book and the 2006 version of the MDB.  I am not sure which version of MDB you are using, but it should be there already.  If it is not there, then plug and play or copy and paste from the basic version.  I suggest that you put the specific requirements in the Specification and a line item in the BoQ, rather than in the Special Conditions.  

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Peter M. Elliott


First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol before submitting a question.


Value . . .
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Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

B Sc(Hons) in Civil Engineering

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