Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 37

As an employer‐design form of contract the Red Book contains no Employer's Requirements but the Contractor may suffer delay or disruption if the Engineer delays in providing necessary drawings or instructions; clause 1.9 of the Red Book in both editions deals with the Contractor's entitlements in the event of such delay.

Clause 1.9 in the 2017 Red Book³ provides for the Contractor to give a notice to the Engineer whenever the works are likely to be delayed or disrupted if any necessary drawing or instruction is not issued to him within a particular time, which is to be reasonable. The notice must include details of the necessary drawing or instruction, details of why and by when it should be issued, and details of the nature and amount of the delay or disruption likely to be suffered if it is late.

If the Contractor suffers delay and/or incurs cost as a result of a failure of the Engineer to issue the notified drawing or instruction within a time which is reasonable and is specified in the notice (with supporting details), the Contractor may claim an extension of time and/or payment of cost plus profit; with the proviso that if and to the extent that the Engineer's failure was caused by any error or delay by the Contractor, including an error or delay in submitting any of the Contractor's documents, then the Contractor will not be entitled to the extension or additional payment.