Fidic Yellow Book

FIDIC Conditions of Contract for
Plant And Design-Build Contract
First Edition, 1999

CONDITIONS OF CONTRACT FOR
PLANT AND DESIGN-BUILD
FIRST EDITION 1999

Page 1 of 103

FIDIC Conditions of Contract for
Plant And Design-Build Contract
First Edition, 1999

General Conditions
1 General Provisions
1.1 Definitions
In the Conditions of Contract ("these Conditions"), which includeParticular
Conditions 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

The Contract

1.1.1.1 "Contract" means the Contract Agreement, the Letter of Acceptance, the
Letter of Tender, these Conditions, theEmployer's Requirements, the
Schedules, the Contractor's Proposal, 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 (if any) referred
to in Sub-Clause 1.6 [Contract Agreement].
1.1.1.3 "Letter of Acceptance" means the letter of formal acceptance, signed by
the Employer, of theLetter 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 ofTender, which
was completed by the Contractor and includes the signed offer to the
Employer for the Works.
1.1.1.5 "Employer's Requirements" means the document entitled Employer's
Requirements, as included in the Contract, and any additions and
modifications to such document in accordance with the Contract. Such
document specifies the purpose, scope, and/or design and/or other
technicalcriteria, for the Works.
1.1.1.6 "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 data, lists and Schedules of
payments and/or prices.
1.1.1.7 "Contractor's Proposal" means the document entitled proposal, which

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FIDIC Conditions of Contract for
PlantAnd Design-Build Contract
First Edition, 1999

the Contractor submitted with the Letter of Tender, as included in the
Contract. Such document may include the Contractor’s preliminary design.
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 "Appendix to Tender" means thecompleted pages entitled Appendix to
Tender which are appended to and form part of the Letter of Tender.
1.1.1.10 "Schedule of Guarantees" and "Schedule of Payments" mean the
documents so named (if any) which are comprised in the Schedules.

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 namedas Employer in the Appendix to
Tender 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 inthe Appendix to
Tender, 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...