Sample Letters for Contractor under Orange Book of FIDIC(dra

No.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

Chart No.

3

3; 4

3

3

3

3; 9

10

10

13

13

11

11

11

11

11

14

14

14

14

14

15

Draft Letters

For

FIDIC Design, Build and Turnkey

Clause

Subject

4.5

Proposal for use of Sub-contractor

4.11

Unforeseen Conditions

4.16

Removal of equipment

4.24

Fossil, coins, etc.

–

discovery

4.24

Fossil, coins, etc

–

delay and disruption

8.3

Instruction to apply for Extension of Time

8.8

Consequence of Suspension

8.10

Prolonged Suspension (Over 84 days)

10.1

Apply for Taking-Over Certificate

10.1

Taking-Over Certificate where works in use

10.2(b)

Interim Application for Payment

13.3

Specimen Application (4 pages)

13.10

Statement at Completion

13.11

Draft Final Statement

13.11

Final Statement

13.12

Discharge

13.16

Change in Legislation

Delayed payment

–

suspend work/Reduce rate

16.1

16.1

Delayed payment

–

extra time and costs

16.2

Employer’s Default –

Notice of Termination

19.3

Notice of Force Majeure

19.6

Force Majeure

–

Notice of termination

20.1

Notice of Intention to Claim extra payment

Draft No.1

Clause 4.5

Subcontract

To Employer’s Representative

….(Item of Works)…

As required by Clause 4.5 of the Conditions of Contract we would advise you that we propose

to

employ …(name of

sub-

contractor)… to

execute … (item of work)… and hereby request

your consent to this appointment.

Subject

to

such consent,

we would notify

you that the sub-contracted works will commence

on …(date –

not less than 28 days of tar this letter)…

Yours faithfully

Draft No.2

Clause 4.11

Unforeseen Conditions

To Employer’s Representative

….(Title)…

We have to advise that during the course of the Works we have encountered …(description of

conditions)… on …(date)…

These conditions were not foreseeable and we therefore hereby give notice thereof as required

by Clause 4.11 of the Conditions of Contract.

The effect of these conditions will be delay the Works and cause us to incur additional costs we

therefore give you notice of our intention to seek an extension of time and additional payment

pursuant to Clause 8.3 and 20.1 of the Conditions of Contract.

Yours faithfully

Draft No.3

Clause 4.16

Removal of Equipment

To Employer’s Representative

Removal of ….(Item of Equipment)…

We

propose

to

remove

…

(item

of

equipment)…

from

the

Site

on

…(date)…

following

completion of … (work upon which equipment was engaged)…

As required by Clause 4.16 of the Conditions of Contract we would be pleased to receive your

consent to this action.

Yours faithfully

Draft No.4

Clause 4.24

Fossils, coins, etc.

To Employer’s Representative

…(Part of the Works)…

During

…(activity)…

in

…(location

or

part

of

Works)

…

on

(date)…

we

discovered

…

(article)…

Unless

instructed to

the

contrary we shall

dispose of …(article)… by …(propo

sed means

of

disposal) …on (date for disposal)…

Yours faithfully

Draft No.5

Clause 4.24

Fossils, coins, etc.

Delay & Disruption

To Employer’s Representative

…(Part of the Works)…

Following

discovery

of

…(article)…

and

your

instructions

dated

…

(date)

…

in

connection

therewith we incurred a delay to the progress of the Works and additional costs.

In accordance with the provisions of Clause 4.24 of the Conditions of Contract we hereby give

notice of our intention to seek an extension of time and additional payment pursuant to Clause

8.3 and 20.1 respectively.

Yours faithfully

Draft No.6

Clause 8.3

Intent to Claim EOT

To Employer’s Representative

Extension of Time

We hereby give notice of an intention to apply for an Extension of Time on account of

…(brief

description of event)…

This notice is given under the provisions of Clause 8.3 of the Conditions of Contract.

We shall maintain contemporary records and submit full supporting details of our application

as required thereby.

Yours faithfully

Draft No.7

Clause 8.8

Consequence of Suspension

To Employer’s Representative

cc

Employer

Suspension of … (as described in Employer’s Representative’s instruction)…

We hereby give notice pursuant to Clause 8.8 of the Conditions of Contract that on account of

following instructions given by the Employer’s Representative in respect of the above we have

suffered delay and/or incurred Cost. Therefore we give you notice that we intend to apply for

an

extension

of

time

and

seek

additional

payment

pursuant

to

Clause

8.3

and

20.1

of

the

Conditions of Contract.

Yours faithfully

Draft No.8

Clause 8.10

Prolonged Suspension

To Employer’s Representative

Suspension of … (as described in original instruction)…

The above suspension having continued for more than 84 days we hereby give notice pursuant

to Clause 8.0 of the Conditions of Contract requiring permission to proceed within 28 days.

If permission is not granted within that period we shall ...(treat the suspension as an omission

under Clause 14/Terminate o

ur employment under Clause 16.2)*…

Yours faithfully

* as appropriate

Draft No.9

Clause 10.1

Taking Over Certificate

To Employer’s Representative

… (Section …/The Works)*

--- Taking Over Certificate

We are of the opinion that … (Section…/The Works)*…

will be complete and ready for taking

over on …(date)…

Accordingly, ad provided for by Clause 10.1 of the Conditions of Contract we hereby apply for

a Taking Over Certificate for … (that Section/The Works)…

Yours faithfully

* delete as appropriate.

Draft No.10

Clause 10.1

Taking Over Certificate

Re-application

To Employer’s Representative

… (Section …/The Works)*

--- Taking Over Certificate

We advise that we have completed the work specified to be required to enable you to issue a

Taking

–

Over Cert

ificate for …(Section…/the Works)* … as detailed in … (letter minutes of

meeting, etc.)…

Accordingly, as provided for by Clause 10.1 of the Conditions of Contract we hereby re- apply

for a Taking-

Over Certificate for … (that Section/The Works)…

Yours faithfully

* delete as appropriate.

Draft No.11

Clause 10.2(b)

Taking Over Certificate

To Employer’s Representative

… (the part)

--- Taking Over Certificate

Pursuant

to

Clause

10.2

(b)

of

the

Conditions

of

Contract

we

request

that

you

issue

a

Taking- Ove

r

Certificate

for

…

(the

part

of

the

Works)…

which

the

Employer

look

into

use

on …(date)…

Yours faithfully

Draft No.12

Clause 13.3

Interim Payment Application

To Employer’s Representative

Application for Interim Payment No. …

Pursuant to

Clause 13.3

of the Conditions of Contract

we are pleased to

enclose … (No.)…

copies

of

our

statement

showing

the

amounts

to

which

we

are

now

entitled

together

with

supporting documents.

The detailed report on progress required by Clause 4.15 of the Conditions of Contract has been

submitted under separate cover.

We look forward to receipt of a copy of your Interim Payment Certificate.

Yours faithfully

Application for Interim Payment No. ….

Period ……

a)

Estimated Contract Value from Page No.2

Tk. ………….

b)

Changes in Legislation

…………

Sub-total

–

Contract Price

…………

c)

Deduct Retention @ 10% of Contract Price

…………

(Maximum: 5% of Contract Price, Tk. 70,826,515)

Sub-total

…………

d)

Plant and Materials for Permanent Works (80% of cost)

…………

e)

Claims

…………

Sub-total

…………

f)

Advance Payment

Tk. ………

Deduct repayment

–

25% of a, b, d, &e

………..

…………

Sub

–

total

…………

g)

Deduct Amounts Previously Certified

…………

Amount Now Due

………..

Signed …………….

Date ………..

.Page 1.

Application for Interim Payment No. …

Period …

Estimated Contract Value

Section

Contract Price

% Complete

1.

Section 1 of the Works

Completion & approval of design

………….

………..

Embankment Protection

………….

………..

Filling

………….

………..

Dredging

………….

………..

Total of Section 1

2. Section 2 of the Works

………….

………..

3. Section 3 of the Works

Dredging

………….

………..

Embankment Protection

………….

………..

Filling

………….

………..

Fencing

………….

………..

Total of Section 3

………….

………..

Total for the Works

………….

………..

Add Variation as Schedule Page 3

Total carried to Page 1

.Page 2.

Price to date

………….

………….

………….

………….

………….

………….

………….

………….

………….

………….

………….

…………