We need to issue advanced warning to the client on potential time and cost issues, similar to that of an Early warning in NEC - how do I do that in FIDIC? I am told it is clause 8.3 but I cannot see this?
Hi Nico - the answer is in clause 8.3 however it does not operate like NEC in that there is no prescribed meetings that should take place or risk reduction meeting.
It’s simply a requirement for a contractor to notify the employer however without any real consequence if it doesn’t. The paragraph you will be looking for is in 8.3 the second last paragraph and states that:
“The Contractor shall promptly give notice to the Engineer of specific probable future
events or circumstances which may adversely affect the work, increase the Contract
Price or delay the execution of the Works. The Engineer may require the Contractor
to submit an estimate of the anticipated effect of the future event or circumstances,
and/or a proposal under Sub-Clause 13.3”
Be careful to comply with the FIDIC “notice” requirements including as to promptness. It’s a pretty low bar (“MAY adversely affect”) but it needs to be “specific” and “probable”. A few little hurdles. I can help with content to nail down the notice as valid.