Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 39

Clause 1.13 in the 1999 contracts deals with the responsibility of the Contractor and Employer to comply with applicable laws. This is dealt with by clause 1.13 in the 2017 Red and Yellow Books and 1.12 in the 2017 Silver Book but in more detail, mainly adding requirements of assistance.

In the 2017 editions, unless otherwise stated in the Employer's Requirements (Yellow and Silver Books) or Specification (Red Book), the Employer (a) is responsible for planning, zoning or building permits, permissions, licences and/or approvals for the permanent works, and (b) is to indemnify the Contractor in respect of the consequences of any delay or failure to obtain them, unless the failure is caused by the Contractor's own failure to comply with his obligations in clause 1.13(c)/1.12(c) to provide assistance; these obligations are, in turn, to provide whatever assistance is required and within the times required in the Employer's Requirements/Specification or as otherwise reasonably required by the Employer in order to enable him to obtain the relevant permits, permissions, licences and the like.

The Contractor is responsible for giving all notices, paying all taxes, duties and fees and obtaining all other permits, permissions, licences and/or approvals required by the applicable laws in relation to the execution of the works, and is also to indemnify the Employer against the consequences of any failure to do so, unless the failure is caused by the Employer's own failure to comply with his obligations under clause 2.2; these obligations are, in turn, to provide reasonable assistance at the request of the Contractor to obtain copies of the relevant local laws or necessary permits, permissions, licences and the like.

As long as the Contractor complies with his obligations under clause 1.13(c)/1.12(c) to provide assistance, if the Contractor suffers delay and/or incurs cost as a result of the Employer's delay or failure to obtain any necessary permit, permission or the like under clause 1.13(a)/1.12(a), the Contractor may claim an extension of time and/or payment of cost plus profit. If it is the Employer who incurs additional cost as a result of the Contractor's failure to comply with his assistance obligations under clause 1.13(c)/1.12(c), or with his obligations with respect to the giving of notices, paying of taxes, duties and the like or to compliance with any permits, permissions, licences and/or approvals obtained by the Employer in respect of the works (clauses 1.13(b) or (d)/1.12(b) or (d)), then the Employer may claim payment of that cost from the Contractor.