FIDIC Clause 2.2: Permits, Licences & Approvals Explained

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🔎 Clause 2.2: Permits, Licences or Approvals

Purpose:
Clause 2.2 establishes the obligations regarding permits, licences, and approvals required for executing the Works.
It ensures both the Employer and Contractor know who is responsible for what in the often-complex web of regulatory compliance—whether that’s customs clearance, building permits, or export documentation.

Implications:

✅ Clearly assigning responsibility prevents costly misunderstandings and project delays.
✅ If either party fails in their obligations, the other is protected via entitlements to time/cost relief or indemnity.
✅ Properly managing these regulatory hurdles is vital for project continuity and legal compliance.

Want to go deeper? Check out the in-depth article on Clause 2.2 here for real-world examples and actionable tips.

Quick Quiz 📝

📘 Clause 2.2: Permits, Licences or Approvals (1999 vs 2017)

▼ FIDIC 1999 – Clause 2.2 (Original Text & Key Points) ▼ FIDIC 2017 – Clause 2.2 (Original Text & Key Points)

What’s “Assistance”?

Letters, information, introductions, advocacy—but not “doing it for the Contractor.”

Who Gets Permits?

Almost always the Contractor—unless otherwise stated in the contract.

Mini Scenario: Who Does What?

Want more? Full breakdown & real-world tips

🧠 Key Interpretations & Implications

Responsibility: The Contractor must obtain and pay for all necessary permits/licenses unless stated otherwise (see Clause 1.13). The Employer assists only when local knowledge, influence, or legal status is needed.
Assistance vs. Accountability: If the Employer fails to assist when properly requested, the Contractor may be entitled to Extension of Time (EOT) or cost recovery (see claim procedures).
2017 Change: The word “promptly” now appears in FIDIC 2017, emphasizing that the Employer must help in a timely manner to avoid project delays.
Practical Risks: Delays in customs, local permissions, or export documentation can cause costly standstills. This clause gives the Contractor a clear escalation route if support is lacking.

Ask Yourself 🤔

Is your contract clear on who does what—and what happens if assistance is delayed?

🔗 Cross-Referencing with Other FIDIC Clauses

Clause 1.13

Compliance with Laws
Assigns main compliance & permit duties to Contractor, but exceptions exist for Employer-obtained permits.

Clause 20

Claims
If the Employer fails to assist, Contractor may claim EOT/cost (must follow notice requirements).

Clause 14

Payment
Approved claims for EOT/costs due to delays can be reflected in payment certificates.

📦 Customs & Export (Goods & Equipment)

Clause 4.16: Transport of Goods
Deals with the delivery of Goods, including customs processes and related permits.

Clause 4.17: Contractor’s Equipment
Covers removal/export of Equipment from site, often requiring specific export permits.

Want to explore more? See the full Clause 2.2 guide or jump to related clauses above.

⚡ What-If Scenarios? Clause 2.2 in Action

Scenario 1: Delayed Customs Clearance

Situation: Contractor needs customs clearance for imported turbines. Authorities require a support letter from the Employer, but it’s delayed.
Implication: Contractor notifies Employer (Clause 2.2), requests prompt help, and may claim EOT/costs if not their fault.

Scenario 2: Environmental Permit Blocked

Situation: Contractor can’t secure an environmental permit because Employer hasn’t provided required land documents.
Implication: Contractor issues notice under Clause 2.2 and Clause 1.13. EOT/costs may be claimed if delayed.

What’s the Right Move?

💡 Suggestions for Clarity and Improvement: Clause 2.2

A. Why is Clarity Needed?

Ambiguity in permit obligations is a leading source of disputes, especially in complex regulatory environments.
“Assistance” is not defined—does it include payment, advocacy, only letters?
No timeframes for Employer action can stall projects.
Some permits can only be legally obtained by the Employer.
Stalled projects and disputes arise when roles aren’t explicit in the contract or Employer’s Requirements.
Golden Principles: GP1 (clear duties), GP2 (fair risk allocation) require unambiguous roles for permits.

B. Practical Suggestions and Examples

1. Define “Reasonable Assistance”

Suggested Wording + Examples

“Reasonable assistance” could include:
– Letters, meetings with authorities, legal docs, translations, direct interventions.


For Clause 2.2, ‘reasonable assistance’ shall include, but not be limited to:

(i) Letters of support,

(ii) Property/legal docs,

(iii) Representations to authorities,

(iv) Translations,

(v) Info/certifications unique to Employer,

(vi) Attending authority meetings.

2. Timeframes for Employer Action

Suggested Wording + Example

“Employer to act within 7 days of Contractor’s written request or as reasonably agreed—delays entitle Contractor to claim.”


Employer shall provide assistance/docs within 7 days of request or as reasonably agreed. Failure, after reminder, entitles Contractor to claim under Clause 20.

3. Permit Responsibility Matrix

See Example Table

Permit Type	Primary Responsible	Assistance by	Deadline
Construction Permit	Employer	Contractor (tech data)	14 days from LoA
Import Customs Clearance	Contractor	Employer (letters)	7 days on request
Environmental Approval	Employer	Contractor (env. docs)	30 days from NTP
Utilities Connections	Contractor	Employer (local contacts)	14 days before need


A Permit Responsibility Matrix should be attached to Employer’s Requirements/Particular Conditions.

4. Explicit “Local Law Only” Clause

Suggested Wording

If only Employer can apply under law, Employer must obtain permit; Contractor provides info/support.


Where local law/practice requires Employer to hold/apply for permit, Employer is solely responsible for timely procurement; Contractor provides technical/support info.

5. Handling Governmental Delays

Suggested Wording

If delay is due solely to authority, Contractor gets time, but not cost (unless Employer’s fault).


Delays caused by authorities, after both Parties fulfill duties, entitle Contractor to EOT (not cost), unless delay is Employer’s fault/omission.

6. Clear Notice & Record-Keeping

Suggested Wording + Example

All requests and responses must be in writing and logged; register accessible for inspection.


All assistance requests/responses under Clause 2.2 shall be in writing and copied to Engineer. Parties maintain a correspondence register, open to inspection.

❓ FAQ: Why Are These Improvements Needed?

Unclear obligations cause project delays, disputes, and unexpected risks.
Defining responsibilities, timelines, and documentation helps prevent ambiguity and protects both parties.
Want more practical templates? See the full Clause 2.2 improvement guide

Permit Responsibility Matrix

🔎 Filter by:

Permit / Approval	Responsible Party	Assisting Party & Action	Key Deadline / Milestone
Construction Permit	Employer	Contractor submits technical/design info	14 days from Letter of Acceptance
Import Customs Clearance	Contractor	Employer provides letters/support as needed	7 days after request
Environmental Impact Approval	Employer	Contractor supplies studies/reports	30 days from Notice to Proceed
Utility Connections (Water/Electricity)	Contractor	Employer provides utility contact info/intro letters	14 days before required connection
Export Permit for Contractor’s Equipment	Contractor	Employer assists with customs clearance if needed	21 days before demobilization
Land Use or Occupancy Permit	Employer	Contractor provides site layout and access plan	Prior to commencement on affected land
Road Closure Permission	Joint	Contractor prepares application; Employer submits to authorities	14 days before planned closure
Scaffolding / Temporary Works Permit	Contractor	Employer provides site safety guidelines if required	Before erection of temporary works
Discharge/Water Pollution Permit	Employer	Contractor provides technical specs, method statements	Prior to any water discharge activity

Tip: For every permit, keep a record of requests and responses. Update this matrix as project details evolve!

📋 FIDIC Clause 2.2 Permit, Licence or Approval Checklist

How to use: Review at project start and during key phases (design, procurement, execution, commissioning).
Tick the “Done?” box (☐ → ☑) as each action is completed and keep for your records. This checklist can also be copied into Word, Excel, or project tools.

#	Task Description	Party Responsible	Relevant Clause
1	Identify all permits, licences, and approvals required for the Works (local, national, export, import, etc.)	Contractor	1.13, 2.2
2	Review Employer’s Requirements for permits/approvals to be obtained by Employer	Contractor/Employer	1.13, 2.2
3	Prepare permit responsibility matrix (who does what, by when)	Contractor/Employer	2.2, Particular Conditions
4	Request in writing any “reasonable assistance” needed from Employer	Contractor	2.2
5	Provide prompt and reasonable assistance to Contractor upon request	Employer	2.2
6	Obtain copies of applicable Laws and regulations if not readily available	Employer	2.2(a)
7	Prepare and submit all applications for permits, licences, and approvals as required by Law	Contractor	1.13, 2.2(b)
8	Provide all necessary supporting documents and information for Employer’s or authorities’ use	Contractor	2.2(b)
9	Follow up regularly on pending applications with authorities	Contractor	Good practice
10	Communicate immediately any delays or problems with permit/approval process to Employer & Engineer	Contractor	2.2, 20
11	Document all communications, submissions, and responses about permits/approvals	Contractor/Employer	Good practice
12	Escalate to claims procedure if delay/costs arise due to Employer’s failure to assist	Contractor	20, 2.2
13	Review and update checklist at regular intervals and major project milestones	Contractor/Employer	Good practice

📬 FIDIC Clause 2.2 Communication Templates

How to use: Replace all [bracketed fields] with your project details. Attach documents as needed, and always keep records for claims or audits.

1️⃣ Contractor’s Request for Employer’s Assistance (General)

Subject: Request for Employer’s Assistance – [Type of Permit/Approval], [Project Name/No.]

Dear [Employer/Employer’s Representative],

In accordance with Clause 2.2 [Permits, Licences or Approvals] of the Contract, we kindly request your reasonable assistance to facilitate the following permit/licence/approval required for execution of the Works:

Type of Permit: [e.g., Environmental Impact Assessment Approval]

Authority Involved: [e.g., Ministry of Environment]

Reason for Request: [e.g., Local authority requires a letter of support from the Employer]

Please advise if additional documentation or actions are required from our side to expedite the process. We appreciate your prompt attention to this matter, as timely issuance is critical to project progress.

Thank you for your cooperation.

Yours sincerely,
[Contractor’s Representative]
[Company Name]
[Contact Information]

2️⃣ Employer’s Confirmation of Assistance Provided

Subject: Confirmation of Assistance – [Type of Permit/Approval], [Project Name/No.]

Dear [Contractor’s Representative],

With reference to your letter dated [date], we acknowledge your request under Clause 2.2 [Permits, Licences or Approvals].

Please be advised that the following assistance has been provided:

[List assistance given, e.g., Issued letter to the Ministry of Environment dated [date]; provided copies of relevant legislation; etc.]

Kindly confirm receipt and advise if further support is necessary.

Regards,
[Employer’s Representative]
[Company Name]
[Contact Information]

3️⃣ Contractor’s Notice of Delay Due to Employer’s Failure to Assist

Subject: Notice of Delay and Request for Relief – Failure to Provide Assistance, [Project Name/No.]

Dear [Employer/Employer’s Representative],

Pursuant to Clause 2.2 [Permits, Licences or Approvals] and Clause 20 [Claims], we notify you that we are experiencing delays in obtaining [type of permit/approval] due to the absence of assistance requested in our previous letter dated [date].

Unless this assistance is provided promptly, the progress of the Works will be adversely affected. We reserve our rights under the Contract to claim extension of time and/or additional costs in accordance with relevant provisions.

We urge you to address this matter as a priority.

Sincerely,
[Contractor’s Representative]
[Company Name]

4️⃣ Contractor’s Request for Copies of Laws/Regulations

Subject: Request for Copies of Laws and Regulations – [Project Name/No.]

Dear [Employer/Employer’s Representative],

In accordance with Clause 2.2(a) [Permits, Licences or Approvals], we request your assistance in obtaining copies of the following Laws and regulations relevant to the Contract, which are not readily available to us:

[List of laws, regulations, codes]

Kindly provide the requested documents at your earliest convenience to enable us to comply fully with contractual and legal obligations.

Thank you in advance for your cooperation.

Yours faithfully,
[Contractor’s Representative]
[Company Name]

5️⃣ Employer’s Request for Supporting Information from Contractor

Subject: Request for Supporting Documents for [Type of Permit/Approval], [Project Name/No.]

Dear [Contractor’s Representative],

With reference to your request for assistance under Clause 2.2 [Permits, Licences or Approvals], please provide the following information and documentation required to support the permit/licence/approval application:

[List items needed, e.g., technical drawings, company registration documents, application forms, etc.]

Your prompt attention will help avoid delays in the application process.

Regards,
[Employer’s Representative]
[Company Name]

6️⃣ Contractor’s Notice of Successful Permit/Approval Acquisition

Subject: Notification of Permit/Approval Obtained – [Type], [Project Name/No.]

Dear [Employer/Engineer],

We are pleased to inform you that we have successfully obtained the following permit/licence/approval:

Type: [e.g., Building Permit]
Authority: [e.g., City Council]
Date of Issue: [date]

Copies of the document are attached for your records.

Thank you for your support.

Sincerely,
[Contractor’s Representative]
[Company Name]