The following Construction guidance note provides comprehensive and up to date legal information covering:
This Practice Note looks at the Contractor’s obligations in relation to commencement, progress and completion in the 2017 editions of the FIDIC contracts (Red, Yellow and Silver Books). For a look at these time related obligations in the 1999 editions of the Red, Yellow and Silver Books and in the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—time.
Time to complete the Works is one of the key concerns in any construction project. The Contractor is under two distinct obligations in relation to time:
the obligation to complete the Works (and each Section, if any) within the Time for Completion under clause 8.2, and
the obligation to proceed with the works with due expedition and without delay (clause 8.1)
If the Contractor fails to complete the Works by the relevant Time for Completion, it will be liable to pay damages to the Employer for the delay.
Under the FIDIC forms of contract, the Time for Completion is the period starting with the date when the Contractor commences the works (the Commencement Date) and ending with the completion of the Works as confirmed by the issue of the Taking-Over Certificate.
It is important to have a clear Commencement Date as the Contractor’s obligation to commence execution of the Works and the Time for Completion relate to that date.
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