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QUESTION: What documents should be submitted by the Contractor at the time of Handing Over of a completed Ductile Iron Water Supply Main Pipe Line ? (As per FIDIC Plant and Design Build 1999)

ANSWER: Dear Abdul,

The documents submitted should include the following:-
- documents specified in the Employer's Requirements, which must therefore specify the documents which the Employer requires the Contractor to submit;
- all design calculations;
- documents which are required to satisfy regulatory approvals, irrespective of whether they are specified in the Employer's Requirements, and
- as-built documents and operation and maintenance manuals (in sufficient detail for the Employer to operate, maintain, dismantle, reassemble, adjust and repair the Plant) under Sub-Clauses 5.6 and 5.7, which may be elaborated in the Employer's Requirements.



---------- FOLLOW-UP ----------

QUESTION: Thank you for earliest and efficient response.

Please Clarify that the Original Warranty Cards/Slips issued to the Contractor by the Equipment Manufacturer are also to be handed over to the Employer by the Contractor in Original ? or any other similar record etc.


Have a good day sir

Answer
Dear Abdul,

It depends on the wording of the contract and the wording of the warranties.  If the warranties are in the name of the Contractor, then they should remain with the Contractor.  There is an advantage in getting the originals if you think that the Contractor will disappear before the warranties expire.  You should check the duration of any warranties, because many start when the equipment is installed in the project, not at the end of the defects liability period.  Also the applicable law could specify who is to have the warranties.  

You could look at this article for more information https://www.hcc.com/DivisionsProducts/HCCSpecialty/Products/ProfessionalLiability/ArchitectsEngineersContractorsProfLiability/RiskManagementLibrary/RiskManagementLibrary/APracticalGuidetoConstructionWarranties1/tabid/440/Default.aspx

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Peter M. Elliott

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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 www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
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')

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

Education/Credentials
B Sc(Hons) in Civil Engineering

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