Tutorial FIDIC Yellow Book 2017 | Clause 1 - General Provisions | Clause 2 - The Employer

In this comprehensive tutorial, we dive deep into the first two foundational clauses of the FIDIC Yellow Book 2017 Conditions of Contract for Construction. Whether you are a project manager, engineer, or contract administrator, understanding these provisions is critical for successful project execution.
Key Topics Covered:
• Clause 1: General Provisions
◦ Essential Definitions: We define key terms such as "Accepted Contract Amount", "Claim", "Unforeseeable", and "Cost Plus Profit" (which defaults to 5% if not stated).
◦ Rules of Communication: Understanding how a Notice must be issued in writing and the rules for electronic transmission.
◦ Priority of Documents: How to resolve conflicts between the Contract Agreement, Letter of Tender, and Schedules using the mandatory order of precedence.
◦ Copyright & Documents: The Employer's non-terminable license to use Contractor documents and the Contractor's right to use Employer documents for contract purposes.
◦ Liabilities: The rules for Joint and Several Liability in Joint Ventures and the Limitation of Liability (typically capped at the Accepted Contract Amount).
• Clause 2: The Employer
◦ Site Access: The Employer’s obligation to provide the Contractor with the right of access to the Site.
◦ Assistance & Permits: How the Employer must assist the Contractor in obtaining local permits and laws.
◦ Financial Arrangements: The Contractor’s right to request reasonable evidence of financial arrangements if variations exceed 10% of the Accepted Contract Amount or if payments are delayed.
◦ Site Data: The requirement for the Employer to provide all available topography and sub-surface data before the Base Date.

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