Draft Letters

For

FIDIC Design, Build and Turnkey

No. Chart No. Clause Subject

1 3 4.5 Proposal for use of Sub-contractor

2 3; 4 4.11 Unforeseen Conditions

3 3 4.16 Removal of equipment

4 3 4.24 Fossil, coins, etc. – discovery

5 3 4.24 Fossil, coins, etc – delay and disruption

6 3; 9 8.3 Instruction to apply for Extension of Time

7 10 8.8 Consequence of Suspension

8 10 8.10 Prolonged Suspension (Over 84 days)

9 13 10.1 Apply for Taking-Over Certificate

10 13 10.1 Taking-Over Certificate where works in use

11 10.2(b) Interim Application for Payment

12 11 13.3 Specimen Application (4 pages)

13 11 13.10 Statement at Completion

14 11 13.11 Draft Final Statement

15 11 13.11 Final Statement

16 11 13.12 Discharge

17 13.16 Change in Legislation

18 14 16.1 Delayed payment – suspend work/Reduce rate

19 14 16.1 Delayed payment – extra time and costs

20 14 16.2 Employer’s Default – Notice of Termination

21 14 19.3 Notice of Force Majeure

22 14 19.6 Force Majeure – Notice of termination

23 15 20.1 Notice of Intention to Claim extra payment

Draft No.1

Clause 4.5

Subcontract

To Employer’s Representative

….(Item of Works)…

As required by Clause 4.5 of the Conditions of Contract we would advise you that we propose

to employ …(name of sub-contractor)… to execute … (item of work)… and hereby request

your consent to this appointment.

Subject to such consent, we would notify you that the sub-contracted works will commence on

…(date – not less than 28 days of tar this letter)…

Yours faithfully

Draft No.2

Clause 4.11

Unforeseen Conditions

To Employer’s Representative

….(Title)…

We have to advise that during the course of the Works we have encountered …(description of

conditions)… on …(date)…

These conditions were not foreseeable and we therefore hereby give notice thereof as required

by Clause 4.11 of the Conditions of Contract.

The effect of these conditions will be delay the Works and cause us to incur additional costs we

therefore give you notice of our intention to seek an extension of time and additional payment

pursuant to Clause 8.3 and 20.1 of the Conditions of Contract.

Yours faithfully

Draft No.3

Clause 4.16

Removal of Equipment

To Employer’s Representative

Removal of ….(Item of Equipment)…

We propose to remove … (item of equipment)… from the Site on …(date)… following

completion of … (work upon which equipment was engaged)…

As required by Clause 4.16 of the Conditions of Contract we would be pleased to receive your

consent to this action.

Yours faithfully

Draft No.4

Clause 4.24

Fossils, coins, etc.

To Employer’s Representative

…(Part of the Works)…

During …(activity)… in …(location or part of Works) … on (date)… we discovered …

(article)…

Unless instructed to the contrary we shall dispose of …(article)… by …(proposed means of

disposal) …on (date for disposal)…

Yours faithfully

Draft No.5

Clause 4.24

Fossils, coins, etc.

Delay & Disruption

To Employer’s Representative

…(Part of the Works)…

Following discovery of …(article)… and your instructions dated … (date) … in connection

therewith we incurred a delay to the progress of the Works and additional costs.

In accordance with the provisions of Clause 4.24 of the Conditions of Contract we hereby give

notice of our intention to seek an extension of time and additional payment pursuant to Clause

8.3 and 20.1 respectively.

Yours faithfully

Draft No.6

Clause 8.3

Intent to Claim EOT

To Employer’s Representative

Extension of Time

We hereby give notice of an intention to apply for an Extension of Time on account of …(brief

description of event)…

This notice is given under the provisions of Clause 8.3 of the Conditions of Contract.

We shall maintain contemporary records and submit full supporting details of our application

as required thereby.

Yours faithfully

Draft No.7

Clause 8.8

Consequence of Suspension

To Employer’s Representative

cc Employer

Suspension of … (as described in Employer’s Representative’s instruction)…

We hereby give notice pursuant to Clause 8.8 of the Conditions of Contract that on account of

following instructions given by the Employer’s Representative in respect of the above we have

suffered delay and/or incurred Cost. Therefore we give you notice that we intend to apply for

an extension of time and seek additional payment pursuant to Clause 8.3 and 20.1 of the

Conditions of Contract.

Yours faithfully

Draft No.8

Clause 8.10

Prolonged Suspension

To Employer’s Representative

Suspension of … (as described in original instruction)…

The above suspension having continued for more than 84 days we hereby give notice pursuant

to Clause 8.0 of the Conditions of Contract requiring permission to proceed within 28 days.

If permission is not granted within that period we shall ...(treat the suspension as an omission

under Clause 14/Terminate our employment under Clause 16.2)*…

Yours faithfully

* as appropriate

Draft No.9

Clause 10.1

Taking Over Certificate

To Employer’s Representative

… (Section …/The Works)* --- Taking Over Certificate

We are of the opinion that … (Section…/The Works)*… will be complete and ready for taking

over on …(date)…

Accordingly, ad provided for by Clause 10.1 of the Conditions of Contract we hereby apply for

a Taking Over Certificate for … (that Section/The Works)…

Yours faithfully

* delete as appropriate.

Draft No.10

Clause 10.1

Taking Over Certificate

Re-application

To Employer’s Representative

… (Section …/The Works)* --- Taking Over Certificate

We advise that we have completed the work specified to be required to enable you to issue a

Taking – Over Certificate for …(Section…/the Works)* … as detailed in … (letter minutes of

meeting, etc.)…

Accordingly, as provided for by Clause 10.1 of the Conditions of Contract we hereby re-apply

for a Taking-Over Certificate for … (that Section/The Works)…

Yours faithfully

* delete as appropriate.

Draft No.11

Clause 10.2(b)

Taking Over Certificate

To Employer’s Representative

… (the part) --- Taking Over Certificate

Pursuant to Clause 10.2 (b) of the Conditions of Contract we request that you issue a Taking-

Over Certificate for … (the part of the Works)… which the Employer look into use on …(date)

…

Yours faithfully

Draft No.12

Clause 13.3

Interim Payment Application

To Employer’s Representative

Application for Interim Payment No. …

Pursuant to Clause 13.3 of the Conditions of Contract we are pleased to enclose … (No.)…

copies of our statement showing the amounts to which we are now entitled together with

supporting documents.

The detailed report on progress required by Clause 4.15 of the Conditions of Contract has been

submitted under separate cover.

We look forward to receipt of a copy of your Interim Payment Certificate.

Yours faithfully

Application for Interim Payment No. …. Period ……

a) Estimated Contract Value from Page No.2 Tk. ………….

b) Changes in Legislation …………

Sub-total – Contract Price …………

c) Deduct Retention @ 10% of Contract Price

(Maximum: 5% of Contract Price, Tk. 70,826,515)

…………

Sub-total …………

d) Plant and Materials for Permanent Works (80% of cost) …………

e) Claims …………

Sub-total …………

f) Advance Payment Tk. ………

Deduct repayment – 25% of a, b, d, &e ……….. …………

Sub – total …………

g) Deduct Amounts Previously Certified …………

Amount Now Due ………..

Signed ……………. Date ………..

.Page 1.

Application for Interim Payment No. … Period …

Estimated Contract Value

Section Contract Price % Complete Price to date

1. Section 1 of the Works

Completion & approval of design …………. ……….. ………….

Embankment Protection …………. ……….. ………….

Filling …………. ……….. ………….

Dredging …………. ……….. ………….

Total of Section 1

2. Section 2 of the Works …………. ……….. ………….

3. Section 3 of the Works

Dredging …………. ……….. ………….

Embankment Protection …………. ……….. ………….

Filling …………. ……….. ………….

Fencing …………. ……….. ………….

Total of Section 3 …………. ……….. ………….

Total for the Works …………. ……….. ………….

Add Variation as Schedule Page 3 …………

Total carried to Page 1

.Page 2.

Application for Interim Payment No. ……. Period ………

Variations

Variation No…. (Description) …… Value……….

___________________

Total to Page 2 ___________________

.Page 3.

Application for Interim Payment No. ……. Period ………

Claims

Claim No…. (Description) …… Value……….

___________________

Total to Page 1 ___________________

.Page 4.

Draft No.13

Clause 13.10

Statement at Completion

(Within 84 days of Taking Over Certificate)

To Employer’s Representative

Statement at Completion

Pursuant to Clause 13.10 of the Conditions of Contract we are pleased to submit …

(No.) …. Copies of our statement at completion together with supporting documents.

Our Statement shows:

a) final value of works done up to date of Taking-Over Certificate

b) further sums which we consider to be due

c) estimate of amounts which will become due under the Contract

We look forward to receipt of a copy of your Interim Payment Certificate.

Yours faithfully

(NOTE: Statement will follow pattern of Interim Payment Application)

Draft No.14

Clause 13.11

Draft Final Statement

(within 56 days of Performance Certificate)

To Employer’s Representative

Final Statement – Draft

Following issue of the Performance Certificate and as required by Clause 13.11 of the

Conditions of Contract we are pleased to submit … (No.) … copies of a draft final statement

with supporting Documents.

We look to your early agreement to enable us to issue our Final Statement

Yours faithfully

(Note: Statement will follow pattern of Interim Payment Application)