NOBEL HOUSE PROJECT

Owner

Beirut, Lebanon

FORM OF TENDER
&
CONDITIONS OF CONTRACT

Form of Tender, Conditions of contract, Agreement, and Bond for the use in connection with the Nouble
House Private apartment construction project
SHORT DESCRIPTION OF WORKS
All Permanent and Temporary Works in connection with:
Clearing, excavating, and installing sewer network, Drain network, water network, electrical, mechanical, sidewalks,
asphalt pavements, trees and tree pits, and all related works specified elsewhere within the tender documents.

Form of Tender
(NOTE: The Appendix forms part of the Tender)

To
………………………………….
ref: Taleb Ghaddar project

GENTLEMEN,

Having examined the Drawings, Conditions of Contract, Specification and Bill of Quantities for the construction
of the above-mentioned Works (and the matters set out in the Appendix hereto) we offer to construct and complete
the whole of the said Works in conformity with the said Drawings, Conditions of Contract, Specification and Bill of
Quantities for such sum as may be ascertained in accordance with the said Conditions of Contract.

We undertake to complete and deliver the whole of the Permanent Works comprised in the Contract within the
time stated in the Appendix hereto for the total lump sum of : $ 1,200,000 + 11%TVA
(in words: One Million Two hundred thousand USD)
which is equivalent to : LL 1,818,000,000 in (words: One billion eight hundred eighteen million LL)

If our tender is accepted we will, if required, provide security for the due performance of the Contract as
stipulated in the Conditions of Contract and the Appendix hereto.

Unless and until a formal Agreement is prepared and executed this Tender together with your written acceptance
thereof, shall constitute a binding Contract between us.

We understand that you are not bound to accept the lowest or any tender you may receive.
We are, Gentlemen,
Yours faithfully,
Signature ………..
Address ……..
Date ……. Company seal
FORM OF TENDER (APPENDIX)

(NOTE: FIDIC Relevant Clause numbers are shown in brackets)

Appendix –Part 1

1. Name of the Employer (Clause l(l)(a) (i)) Mr. Taleb Ghaddar

2. Address.
ABC Tyre – Block B – 12th Floor
3. Name of the Engineer (Clause l(l)(a)(iv)) Mr. Hashem Darwish
Address.
Bnaafoul – Darwish Building – First Floor
4. Defects Liability Period (Clause 49.1) Two weeks
5. Number and type of copies of Drawings to be provided : 1Hard copy + 1 Soft copy of the
plans
6. Contract Agreement (Clause 9.1) Required
7. Performance Bond (Clause 10.1) Required Amount of Bond to be 10 % of
Tender Total
8. Minimum amount of third party insurance (persons and property) (Clause 21.1) $ 10 000 Each and
every occurrence

9. Works Commencement Date (if known) (Clause 41.1) As per Notice To Proceed
10. Time for Completion (Clause 43.1). 120 working days
11. Liquidated damages for delay (Clause 47.1) $400 per day for a max 10% of the total
value
12. Vesting of materials not on Site (Clauses 54(1) and 60(1)(c)) All materials must have adequate
protection as specified by the engineer
13. Method of measurement adopted in preparation of Bills of Quantities (Clause 57.1)
Engineering
14. Minimum amount of Interim Certificates (Clause 60.2) Not Applicable
15. Rate of retention (Clause 60.2 (a)) 7.5%
16. Limit of retention (% of Tender Total) (Clause 60.2(a)) 7.5% to be paid 3 months after
project completion
17. Advance Payment 20%
18. Advance payment return 20% from interim payments
19. Advance Payment Bond Not Required
20. Type of Contract Remeasured

Contractor’s Name Contractor’s Signature Date

FEDERATION INTERNATIONALE DES INGENIEURS CONSEILS

CONDITIONS OF CONTRACT
FOR WORKS OF CIVIL
ENGINEERING
CONSTRUCTION

PART I GENERAL CONDITION

FOURTH EDITION 1987

Reprinted 1988 with editorial amendments
Reprinted 1992 with further amendments
Published by
Federation Internationale Des
Ingenieurs-Conseils (FIDIC)
PO Box 86
CH 1000 Lausanne 12
Switzerland
Tel: +41 21 653 50 03
Fax: +41 21 653 54 32
Copyright FIDIC 1987
Reprinted 1988
With editorial amendments

Reprinted 1992
further amendments

All rights reserved

No part of this publication may be
Produced or transmitted in any
form or by any means without
permission of publisher

Produced for FIDIC by

Rhys Jones Consultants.
London UK
CONTENTS
PART I: GENERAL CONDITIONS
Definitions and Interpretation
1.1 Definitions
1.2 Headings and Marginal Notes
1.3 Interpretation
1.4 Singular and Plural
1.5 Notice, Consents, Approvals, Certificates and Determinations
Engineer and Engineer’s Representative
2.1 Engineer’s Duties and Authority
2.2 Engineer’s Representative
2.3 Engineer’s Authority to Delegate
2.4 Appointment of Assistants
2.5 Instructions in Writing
2.6 Engineer Act Impartially
Assignment and Subcontracting
3.1 Assignment of contract
4.1 Subcontracting
4.2 Assignment of Subcontractors’ obligations
Contract Documents
5.1 Language/s and Law
5.2 Priority of Contract Documents
6.1 Custody and Supply of Drawings and documents
6.2 One Copy of Drawings to be Kept on site
6.3 Disruption of Progress
6.4 Delays and Cost of Delay of Drawings
6.5 Failure by contractor to Submit
7.1 Supplementary Drawings and Instructions
7.2 Permanent Works Designed by Contractor
7.3 Responsibility Unaffected by Approval
General Obligations
8.1 Contractor’s General Responsibilities
8.2 Site Operations and Methods of Construction
9.1 Contract Agreement
10.1 Performance Security
10.2 Period of Validity of Performance Security
10.3 Claims under Performance Security
11.1 Inspection of Site
12.1 Sufficiency of Tender
12.2 Not Foreseeable Physical Obstruction or Conditions
13.1 Work to be in Accordance with Contract
14.1 Programme to be Submitted
14.2 Revised Programme
14.3 Cash Flow Estimate to be Submitted
14.4 Contractor not Relieved of Duties or Responsibilities
15.1 Contractor’s Superintendence
16.1 Contractor’s Employees
16.2 Engineer at Liberty to Object
17.1 Setting-out
18.1 Boreholes and Exploratory Excavation
19.1 Safety, Security and Protection of the Environment
19.2 Employer’s Responsibilities
20.1 Care of Works
20.2 Responsibility to Rectify Loss or Damage
20.3 Loss or Damage Due to Employer’s Risks
20.4 Employer’s Risks
21.1 Insurance of Works and Contractor’s Equipment
21.2 Scope of Cover
21.3 Responsibility for Amount not Recovered
21.4 Exclusions
22.1 Damage to Persons and Property
22.2 Exceptions
22.3 Indemnity by Employer
23.1 Third Party Insurance (including Employer’s Property)
23.2 Minimum Amount of Insurance
23.3 Cross Liabilities
24.1 Accident or injury to Workmen
24.2 Insurance Against Accident to Workmen
25.1 Evidence and Terms of Insurances
25.2 Adequacy of Insurances
25.3 Remedy on Contractor’s Failure to Insure
25.4 Compliance with Policy Conditions
26.1 Compliance with Statues, Regulations
27.1 Fossils
28.1 Patent Rights
28.2 Royalties
29.1 Interference with Traffic and Adjoining Properties
30.1 Avoidance of Damage to Roads
30.2 Transport of Contractor’s Equipment or Temporary Works
30.3 Transport of Materials or Plant
30.4 Waterborne Traffic
31.1 Opportunities for Other Contractors
31.2 Facilities for Other Contractors
32.1 Contractor to Keep Site Clear
33.1 Clearance of Site on Completion
Labour
34.1 Engagement of Staff and Labour
35.1 Returns of Labour and Contractor’s Equipment
Materials Plant and Workmanship
36.1 Quality of Materials, Plant and Workmanship
36.2 Cost of Samples
36.3 Cost of Tests
36.4 Cost of Tests not Provided for
36.5 Engineer’s Determination where Tests not Provided for
37.1 Inspection of Operations
37.2 Inspection and Testing
37.3 Dates for Inspection and Testing
37.4 Rejection
37.5 Independent Inspection
38.1 Examination of Work before Covering up
38.2 Uncovering and Making Openings
39.1 Removal of Improper Works, Materials or Plant
39.2 Default of Contractor in Compliance
Suspension
40.1 Suspension of Work
40.2 Engineer’s Determination following Suspension
40.3 Suspension lasting more than 84 Days
Commencement and Delays
41.1 Commencement of Works
42.1 Possession of Site and Access Thereto
42.2 Failure to Give Possession
42.3 Rights of Way and Facilities
43.1 Time for Completion
44.1 Extension of Time for Completion
44.2 Contractor to Provide Notification and Detailed Particulars
44.3 Interim Determination of Extension
45.1 Restriction on Working Hours
46.1 Rate of Progress
47.1 Liquidated Damages for Delay
47.2 Reduction of Liquidated Damages
48.1 Taking-Over Certificate
48.2 Taking-Over of Sections or Parts
48.3 Substantial Completion of Parts
48.4 Surfaces Requiring Reinstatement
Defects Liability
49.1 Defects Liability Period
49.2 Completion of Outstanding Work and Remedying Defects
49.3 Cost of Remedying Defects
49.4 Contractor’s Failure to Carry Out Instructions
50.1 Contractor to Search
Alterations, Additions and Omissions
51.1 Variations
51.2 Instructions for Variations
52.1 Valuation of Variations
52.2 Power of Engineer to Fix Rates
52.3 Variations Exceeding 15 percent
52.4 Daywork
Procedure for Claims
53.1 Notice of Claims
53.2 Contemporary Records
53.3 Substation of Claims
53.4 Failure to Comply
53.5 Payment of Claims
Contractor’s Equipment, Temporary Works and Materials
54.1 Contractor’s Equipment, Temporary Works and Materials; Exclusive Use for the Works
54.2 Employer not Liable for Damage
54.3 Customs Clearance
54.4 Re-export of Contractor’s Equipment
54.5 Conditions of Hire Contractor’s Equipment
54.6 Costs for the Purpose of Clause
63 54.7 Incorporation of Clause in Subcontractors
54.8 Approval of Materials not Implied
Measurement
55.1 Quantities
56.1 Works to be Measured
57.1 Method of Measurement
57.2 Breakdown of Lump Sum Items
Provisional Sums
58.1 Definition of “Provisional Sum”
58.2 Use of Provisional Sums
58.3 Production of Vouchers
Nominated Subcontractors
59.1 Definition of “Nominated Subcontractors”
59.2 Nominated Subcontractors; Objection to Nomination
59.3 Design Requirement to be Expressly Stated
59.4 Payments to Nominated Subcontractors
59.5 Certification of Payments to Nominated Subcontractors
Certificates and Payment
60.1 Monthly Statements
60.2 Monthly Payments
60.3 Payment of Retention Money
60.4 Correction of Certificates
60.5 Statement at Completion
60.6 Final Statement
60.7 Discharge
60.8 Final Payment Certificate
60.9 Cessation of Employer’s Liability
60.10 Time for Payment
61.1 Approval only by Defects Liability Certificate
62.1 Defects Liability Certificate
62.2 Unfulfilled Obligations
Remedies
63.1 Default of Contractor
63.2 Valuation at Date of Termination
63.3 Payment after Termination
63.4 Assignment of Benefit of Agreement
64.1 Urgent Remedial Work
Special Risks
 65.1 No Liability for Special Risks
65.2 Special Risks
65.3 Damage to Works by Special Risks
65.4 Projectile, Missile
65.5 Increased Costs arising from special Risks
65.6 Outbreak of War
65.7 Removal of Contractor’s Equipment on Termination
65.8 Payment if Contract Terminated
Release from Performance
66.1 Payment in Event of Release from Performance
Settlement of Disputes
67.1 Engineer’s Decision
67.2 Amicable Settlement
67.3 Arbitration
67.4 Failure to Comply with Engineer’s Decision
Notices
68.1 Notice to Contractor
68.2 Notice to Employer and Engineer
68.3 Change of Address
Default of Employer
69.1 Default of Employer
69.2 Removal of Contractor’s Equipment
69.3 Payment on Termination
69.4 Contractor’s Entitlement to Suspend Work
69.5 Resumption of Work
Change in Cost and Legislation
70.1 Increase or Decrease of Cost
70.2 Subsequent Legislation
Currency and Rates of Exchange
71.1 Currency Restrictions
72.1 Rates of Exchange
72.2 Currency Proportions
72.3 Currencies of Payment for Provisional Sums