FIDIC contracts (pre-2017 editions)—time
Produced in partnership with Mayer Brown International LLP
FIDIC contracts (pre-2017 editions)—time

The following Construction guidance note Produced in partnership with Mayer Brown International LLP provides comprehensive and up to date legal information covering:

  • FIDIC contracts (pre-2017 editions)—time
  • Commencement
  • Programme
  • Progress
  • Obligation to complete
  • Sectional completion
  • Taking-Over—Red, Pink, Yellow and Silver Books
  • Commissioning Certificates—Gold Book
  • Acceleration
  • Extension of time

This Practice Note examines the position under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. In relation to the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—time.

Time to complete the works (meaning, for the purposes of this Practice Note, the works under the Red and Pink Books, the design and works under the Yellow and Silver Books and the design-build phase under the Gold Book) is one of the key concerns in any construction project. The contractor is under two distinct obligations in relation to time:

  1. the obligation to complete the works within the time for completion (or complete the design-build within the time for completion of design-build under the Gold Book), and

  2. the obligation to proceed with the works with due expedition and without delay

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 (or a Commissioning Certificate under the Gold