5.2 CONTRACTOR ’ S DOCUMENTS
Clearly, the Contractor ’ s documents are crucial to proper completion of a
project and the FIDIC contracts make detailed provision for them.
Clause 5.2 of the Yellow and Silver Books provides that the Contractor ’ s
documents shall comprise the technical documents specified in the Employer ’ s
Requirements, documents required to satisfy all regulatory approvals, the as-
built documents described in clause 5.6 and the operation and maintenance
manuals referred to in clause 5.7. The Contractor must prepare all the
Contractor ’ s documents, and also any other documents necessary to instruct
the Contractor ’ s personnel.
Often the Employer ’ s Requirements will specify Contractor ’ s documents
which are to be submitted to the Employer for review. This enables
the Employer or Engineer to monitor and have some control over the
process without relieving the Contractor of any of his obligations or
responsibilities.
Unless otherwise stated in the Employer
’
s Requirements, each review
period is not to exceed 21 days, calculated from the date on which the
Employer receives a Contractor ’ s document and a notice from the Contractor
stating that the document is considered ready, both for review and for use.
The Employer may, within the review period, give notice to the Contractor
that a Contractor ’ s document fails (to the extent stated) to comply with the
contract. If the document does so fail to comply then it has to be rectified,
resubmitted and reviewed at the Contractor ’ s cost.
The review process has to be taken into account when the programme is
prepared as, for each part of the works, and except to the extent that the par-
ties otherwise agree, execution of that part should not start before expiry of
the review periods for all the Contractor ’ s documents which are relevant to its
design and execution.