FIDIC reference
Sub-Clause 8.9 — Suspension of Work
The Engineer/Employer may suspend the works; where the suspension is not the Contractor’s fault it triggers EOT and Cost, and a prolonged suspension gives further rights.
Applies in: Red BookYellow BookSilver Book
The Engineer (Red/Yellow) or the Employer (Silver) may at any time instruct the Contractor to suspend progress of part or all of the works. During suspension the Contractor must protect and preserve the works. Where the cause is not the Contractor’s risk, it is entitled to an extension of time (EOT) and to recovery of Cost. If the suspension lasts more than 84 days, the Contractor may request permission to proceed, and on refusal may treat the affected work as an omission (Variation) or as a ground for termination.
Key points
- Suspension instruction from the Engineer (Red/Yellow) or the Employer (Silver).
- During suspension the Contractor protects and preserves the works.
- Suspension outside the Contractor’s risk → EOT + Cost.
- A suspension over 84 days lets the Contractor proceed, claim an omission or terminate.
How this works in practice
Suspension on the Engineer’s instruction is not the same as the Contractor’s suspension under Clause 16. Here the Engineer stops the work, and the question is what caused it: if the cause does not lie with the Contractor, entitlement to EOT and cost arises. The practical knot is record-keeping. Costs during suspension must be captured daily and separately: plant standing, staff retention, security, storage, protection of the works. Reconstructing that six months later from accounting entries is near impossible, and the claim then fails on evidence rather than on entitlement.
Common traps
- Suspension costs are not segregated in the accounts and are mixed into general overhead.
- A prolonged suspension is never converted into a right to terminate, although the contract allows it once the period has run.
- Protection of the works is not formalised, so later damage is attributed to the Contractor as a failure to care for the works.
Versions: 1999 → 2017 → 2022
- 1999
Suspension under Sub-Clause 8.8; consequences 8.9, payment for Plant 8.10, prolonged suspension 8.11, resumption 8.12.
- 2017
A consolidated 8.9–8.12 block: Employer’s Suspension, its consequences, payment for Plant and Materials, and prolonged suspension (84 days).
- 2022
The 2022 reprint kept the 2017 structure with editorial clarifications.
Clause FAQ
Which FIDIC books use Sub-Clause 8.9?
The clause applies in Red Book, Yellow Book, Silver Book. Particular Conditions may change the standard risk allocation, so always check the project contract.
Who pays for storage and protection during a suspension?
Where the suspension is not caused by the Contractor’s default, the cost of protecting, storing and maintaining the works is recoverable along with the EOT entitlement. Where the cause is the Contractor’s own — a quality defect that stopped the work, say — it bears the cost. So the first thing to capture on receiving an instruction to suspend is the reason the Engineer has stated.
What if a suspension drags on for months?
The contract normally lets the Contractor, once the stated period has run, request permission to proceed and — absent that permission — treat the suspended part as omitted or, where the whole works are affected, invoke the termination mechanism. The key condition is the same: the sequence of notices. Waiting silently for months weakens the position and grows the unrecovered cost.
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Reference material, not legal advice. Always check your contract and the Particular Conditions.