Mastering Clause 10.0: Employer’s Taking Over in FIDIC Yellow Book 1999

Here’s a detailed explanation of the revised flowchart, which combines Clauses 10.1, 10.2, and 10.3 and includes durations:

1. Start: Contractor Completes Work: This is the initial stage where the Contractor has completed the work as per the contract requirements.
2. Contractor Requests Taking-Over Certificate: After completing the work, the Contractor formally requests the Engineer to issue a Taking-Over Certificate.
3. Engineer Reviews Request (Within 14 days): The Engineer reviews the request and the state of the completed work to decide whether to issue the Taking-Over Certificate.
4. Approves: If the Engineer approves, they proceed to issue the Taking-Over Certificate.
   • Issue Taking-Over Certificate: The Engineer issues the Taking-Over Certificate, indicating that the works are accepted and responsibilities are transferred to the Employer.
   • Works Handed Over to Employer: The responsibility for the works is officially transferred to the Employer.
   • Defects Liability Period Begins: After the Taking-Over Certificate is issued, the Defects Liability Period commences.
   • End of Contract: The contract reaches its conclusion, typically after the Defects Liability Period ends.
5. Denies: If the Engineer denies the request, they must specify the reasons for the denial.
   • Specify Reasons for Denial: The Engineer must specify the reasons for denying the Taking-Over Certificate.
   • Contractor Rectifies Issues: The Contractor rectifies any issues or completes any pending work based on the Engineer’s feedback.
6. Interference with Tests on Completion?: This decision point checks if there’s any interference with the Tests on Completion.
   • Yes: The Works are deemed to have been taken over by the Employer.
     • Engineer Issues Taking-Over Certificate: The Engineer issues the Taking-Over Certificate accordingly.
     • Contractor Carries Out Tests ASAP: The Contractor carries out these Tests on Completion as soon as practicable.
     • Engineer Requires Tests with 14 Days’ Notice: The Engineer requires the Tests on Completion to be carried out by giving 14 days’ notice.
     • Contractor Gives Notice for Delay/Cost: If the Contractor suffers delay and/or incurs Cost, they give notice to the Engineer.
     • Engineer Proceeds to Determine Matters: The Engineer proceeds to determine these matters, leading to the end of the contract.
   • No: The standard process is followed, leading to the end of the contract.

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