Terms Library

FIDIC Glossary

Key FIDIC contract terms — in English, as in the documents, with plain-language definitions.

26 terms
6 categories
Hub articles

Bill of Quantities (BoQ)

Bill of Quantities

Documents

A priced schedule of work quantities; the basis of payment in the Red/Pink Book (re-measurement).

Claim

Claim

Disputes

One party’s request to the other for additional payment, time or another entitlement. In 2017, a single procedure for both parties (Clause 20).

Practical tool

Contractor

Contractor

Roles

The party carrying out the works; in Yellow/Silver also responsible for the design.

DAAB

Dispute Avoidance/Adjudication Board

Disputes

Dispute Avoidance/Adjudication Board — a standing body to avoid and resolve disputes; its decisions are binding with immediate effect.

Practical tool

Defects Notification Period (DNP)

Defects Notification Period

Time

The period after taking-over during which the Contractor must remedy notified defects (Clause 11).

Delay Damages

Delay Damages

Payments

Pre-assessed damages for delayed completion (liquidated damages), usually capped.

Practical tool

Determination

Determination

Procedures

The Engineer’s decision to agree or determine a matter where the parties have not agreed (Sub-Clause 3.7).

Employer

Employer

Roles

The party commissioning the works and carrying the payment obligations; in the Silver Book it acts through the Employer’s Representative.

Employer's Representative

Employer’s Representative

Roles

Manages the contract in the Silver Book instead of an independent Engineer; acts in the Employer’s interest.

Engineer

Engineer

Roles

A person appointed by the Employer to administer the contract (Red/Yellow). Must act neutrally when making determinations (Sub-Clause 3.7).

Exceptional Event

Exceptional Event

Procedures

An event beyond the parties’ control (Force Majeure in 1999), giving relief from liability (Clause 18).

Extension of Time (EOT)

Extension of Time

Time

The Contractor’s entitlement to extend the completion time for delays it is not responsible for (Sub-Clause 8.5).

Final Statement

Final Statement

Payments

The Contractor’s statement at completion to finally determine the amounts due (Clause 14).

Practical tool

Interim Payment Certificate (IPC)

Interim Payment Certificate

Payments

The Engineer’s certificate for an interim payment for completed work and delivered materials (Clause 14).

Practical tool

Notice of Dissatisfaction (NOD)

Notice of Dissatisfaction

Disputes

A formal notice of disagreement with a DAAB decision, opening the way to arbitration. Missing the deadline makes the decision final.

Practical tool

Performance Certificate

Performance Certificate

Documents

Issued after defects are remedied and the DNP ends; signifies that the Contractor’s obligations are fulfilled.

Practical tool

Performance Security

Performance Security

Payments

A bank guarantee/security provided by the Contractor as a performance guarantee (Sub-Clause 4.2).

Practical tool

Pink Book / MDB

MDB Harmonised form

Documents

A Red Book version harmonised with the development banks (World Bank, ADB, EBRD) for projects they finance.

Practical tool

Programme

Programme

Documents

The detailed execution schedule submitted by the Contractor; the basis for time control (Sub-Clause 8.3).

Provisional Sum

Provisional Sum

Payments

A sum included in the price for work/supply to be defined later; spent on the Engineer’s instruction.

Practical tool

Taking-Over Certificate

Taking-Over Certificate

Documents

Confirms the Works are complete and taken over by the Employer; starts the Defects Notification Period (Clause 10).

Practical tool

Tests after Completion

Tests after Completion

Procedures

Operational tests after taking-over (Yellow/Silver, Clause 12) confirming design performance.

Tests on Completion

Tests on Completion

Procedures

Tests before taking-over confirming the Works meet the requirements (Clause 9).

Time-bar (28 days)

28-day time-bar

Time

The deadline to give a notice of claim. Missing it can forfeit the party’s right to the claim (Sub-Clause 20.2.1).

Practical tool

Unforeseeable Conditions

Unforeseeable Conditions

Procedures

Physical site conditions an experienced Contractor could not foresee (Sub-Clause 4.12); risk allocation depends on the book.

Variation

Variation

Procedures

A change to the Works initiated by the Engineer/Employer under Clause 13; valued, and may adjust price and time.