Clause 11.11 — Clearance of Site (FIDIC Yellow Book 1999 📘 & 2017 📒)

Quick visual 📊
Trigger ➜ Action ➜ Deadline ➜ Employer’s Remedies
Performance Certificate issued ➜ Contractor removes equipment, materials, rubbish; reinstates affected areas; leaves Site clean/safe ➜ within 28 days ➜ Employer may sell/dispose/clean/reinstate and recover costs.

1️⃣ Purpose of Clause 11.11

Why it exists: To ensure the Works and Site are handed back properly after completion—free of the Contractor’s temporary footprint and safe for operation or subsequent use. Under both editions, the obligation is tied to the Performance Certificate (PC): only on PC is acceptance deemed to occur, and post-PC “clearance” finishes the housekeeping.

Who it protects:

• Employer: Gains a clean, safe, reinstated Site; has remedies if the Contractor delays/omits clearance (sell/dispose/clean/reinstate and recover net costs).
• Contractor: Clear trigger and window (28 days) to demobilise and avoid accruing liabilities; in 2017, standards for reinstatement are tied to Employer’s Requirements, reducing ambiguity.

Risk if ignored: Safety hazards, environmental non-compliance, obstruction of Employer’s operations, and chargebacks for Employer’s remedial actions.

2️⃣ Breakdown of Clause 11.11

📘 1999 — Clause 11.11 (core points)

• Trigger: “Upon receiving the Performance Certificate.”
• Duties: Remove remaining Contractor’s Equipment, surplus material, wreckage, rubbish, Temporary Works. (No explicit reinstatement text here—see cross-link at 4.23.)
• Deadline: 28 days after Employer receives a copy of the PC.
• Employer’s Remedies: May sell/dispose of remaining items; recover costs of sale/disposal and site restoration from the proceeds or from Contractor if shortfall.

📒 2017 — Clause 11.11 (what’s new/clearer)

• Trigger: “Promptly after the issue of the Performance Certificate.”
• Duties expanded:
  (a) Remove equipment/materials/wreckage/rubbish/Temporary Works,
  (b) Reinstate all parts of the Site affected by Contractor activities and not occupied by Permanent Works,
  (c) Leave Site/Works as per Employer’s Requirements (or, if not stated, clean and safe).
• Deadline: 28 days post-PC; Employer may sell/dispose and/or re-instate/clean at Contractor’s cost (subject to claims mechanics).

3️⃣ Key Interpretations & Implications

• Reinstatement standard (2017): The explicit duty to reinstate plus the reference to Employer’s Requirements creates a measurable benchmark; in 1999, the “clean and safe” outcome is clearly stated at 4.23 upon Taking-Over, but 11.11 itself focuses on removal.
• Hazardous waste (2017 context): 2017’s operational clause (4.22) specifically speaks to hazardous waste management during execution and at Taking-Over—signalling a higher environmental diligence baseline that dovetails with 11.11.
• Why the 2017 changes? To tighten environmental/safety outcomes, connect to Employer’s Requirements (clarity), and insert a clean cost-recovery pathway via Clause 20.2 references (claims for payment/EOT) where Employer must recover reasonable costs.
• Acceptance vs obligations: Acceptance occurs only at PC, yet unfulfilled obligations still survive PC (e.g., residual documents, spares). Clearance is one such post-PC obligation to be discharged within 28 days.

Interpretative question: Can it be read that in 1999, reinstatement is optional after PC since 11.11 doesn’t say it?
Answer: No—the duty to leave the Site clean and safe applies upon Taking-Over under 4.23, and that part-by-part clearance standard carries forward; 11.11 adds the end-of-contract removal obligation and employer remedies post-PC.

4️⃣ Cross-Referencing (how clauses interact)

• 11.9 Performance Certificate: Only PC = acceptance; clearance obligations are triggered right after PC.
• 11.10 Unfulfilled Obligations: Even after PC, parties remain liable for unperformed obligations—clearance is time-boxed (28 days) but remains enforceable until done.
• 4.22/4.23 Contractor’s operations & Taking-Over: During execution and at each TOC, keep Site free from obstruction and leave clean and safe; may retain goods needed during DNP at agreed locations.
• 16.3 After termination: Similar demobilisation/removal duties if contract ends early.

5️⃣ What-If Scenarios (practical)

1. Contractor leaves containers & scrap post-PC
   • After 28 days, Employer may sell or dispose of the items; may also restore/clean and recover reasonable costs (2017 expressly routes via claims clause). Net proceeds go to Contractor; shortfall is recoverable from Contractor.
2. Hazardous waste left on Site
   • 2017’s operational duties (4.22) encompass hazardous waste—failure to remove could justify Employer’s remediation and cost recovery; potential environmental law exposure too.
3. Partial Taking-Over (Sections)
   • On each TOC, the Contractor must clear and leave that part clean and safe; can retain necessary goods during DNP in agreed areas. Final 11.11 “sweep” happens after the overall PC.
4. Termination for convenience
   • Demobilise and remove goods under 16.3; valuation/payment handled under termination provisions—clearance obligations still apply as part of leaving the Site.

6️⃣ Suggestions for Clarity & Improvement (Particular Conditions ✍️)

• Define “reinstatement”: Specify landscaping/grades, fencing, utilities capping, spill remediation, and documentary proof (waste manifests, photographs). Tie this to Employer’s Requirements measurement checklist. (Aligns with 2017’s (b) & (c).)
• Set staged clearance milestones: For Sections, require micro-PC checklists at each TOC referencing 4.22/4.23, avoiding a giant end-load at 11.11.
• Environmental controls: Incorporate hazardous waste handling, spill response, segregated disposal, and regulator sign-off; call up applicable local rules within Employer’s Requirements.
• Access & retention during DNP: Identify agreed lay-down areas for goods retained during the DNP, with a final “all-off” date aligned to PC + 28 days.
• Cost recovery mechanics: In 2017, the link to 20.2 is explicit; mirror this in 1999 PCs to avoid debate on valuation/interest when Employer steps in.

7️⃣ Final Takeaways

• Trigger: Performance Certificate ➜ clearance starts immediately afterward.
• Obligation window: 28 days to complete full clearance (both editions).
• Scope: 2017 clarifies reinstatement and ties the final condition to Employer’s Requirements (or clean/safe by default).
• Employer’s remedy: If Contractor misses the window, Employer may sell/dispose/reinstate/clean and recover reasonable costs (net of sale).
• Cross-links matter: Day-to-day “clean & safe” under 4.22/4.23 at TOC + the final sweep under 11.11 + survival of unfulfilled obligations (11.10) keep everything enforceable to the end.

Bonus: Mini-checklist you can paste into a PC handover meeting ✅

• PC date recorded & circulated
• Removal plan issued (equipment/materials/rubbish/TWs)
• Reinstatement scope matched to Employer’s Requirements
• Hazardous-waste chain of custody attached
• Photos before/after; access restored; utilities capped
• **All done ≤ ** 28 days post-PC (confirm)
• Engineer’s sign-off / Employer confirmation of “clean & safe”