Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 46

Clause 2.1 sets out the Employer's obligations to give the Contractor right of access to and possession of the site within the time or times stated in the Contract Data. Access and possession may not be exclusive to the Contractor, since he may, for example, be required to work with other contractors appointed by the Employer. If the Contract Data do not set times when possession or access are to be given to various parts of the site then the Employer's obligation is to give the Contractor right of access to and possession of those parts of the site within whatever times are necessary in order to enable the Contractor to proceed in accordance with the programme (or, if there is no programme at that time, the initial programme submitted under clause 8.3: see Section 7.3 below). If the Employer fails to provide the required access or possession then the Contractor may claim an appropriate extension of time and/or payment of cost plus profit if delay or cost was incurred in consequence; with the proviso that if the Employer's failure was itself caused by any error or delay by the Contractor, including in the submission of appropriate Contractor's documents, the Contractor will not be entitled to an extension or additional payment.

In the Yellow and Silver Books, if Contractor's documents are needed before the Employer can give possession of any foundation, structure, plant or means of access, the Contractor is obliged to submit such documents to the Engineer or Employer in whatever time or manner is stated in the Employer's Requirements.