Clause 13.5 Daywork - FIDIC Yellow Book Explained Clearly

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1️⃣ Purpose of Clause 13.6 (1999) / Clause 13.5 (2017)

🔍 Purpose of Clause 13.6 (1999) / Clause 13.5 (2017): Why Daywork Exists and When It Kicks In

Let’s start with the real-world angle: Not every part of a construction project is predictable. Some work just pops up on-site—maybe a hidden pipe, an unforeseen obstruction, or a last-minute change. That’s where Daywork comes in.

Daywork allows the Engineer to instruct work on a time and materials basis—instead of trying to negotiate a price on the fly. It only applies when a Daywork Schedule is part of the Contract.

FIDIC’s intent: This clause acts as a safety valve. It ensures that minor or reactive changes can be logged, tracked daily, and paid fairly without holding up progress or sparking disputes.

👥 Who Benefits?

Contractor: Gets paid fairly for extra work—if it’s documented correctly.
Engineer: Can issue instructions quickly and transparently.
Employer: Pays only for verified, documented work.

🧠 Why FIDIC Includes This

Because construction is unpredictable. Instead of pretending otherwise, FIDIC gives us a structured way to handle the surprises—without breaking the contract flow.

📌 In Summary

Deals with minor, incidental, or unpredictable work.
Based on time, materials, and equipment used—documented daily.
Requires a Daywork Schedule to apply.
Relies on real-time Engineer oversight and agreement.

This clause is all about staying fair, flexible, and transparent when the job throws a curveball. And it almost always does. 🎯

📋 What does the Contractor need to do?

The Contractor can’t just start racking up hours and expect payment. Here’s the process, step-by-step:

Daily Records: The Contractor must submit daily statements, and this is critical. These must include:
- 👷‍♂️ Names and occupations of all workers involved.
- ⏱️ The exact time each one spent on the task.
- 🏗️ Details of Contractor’s Equipment used (what, when, how long).
- 📦 Quantities and types of Plant and Materials used or supplied.
Engineer’s Signature: These daily sheets need to be signed by the Engineer, ideally the same day. Why? Because this signature validates that the resources were actually used and the work was real. No signature = dispute risk. 🔍✍️
Supporting Evidence: If Goods (like fittings or spare parts) are purchased for the Daywork, the Contractor must provide:
- Quotations
- Supplier invoices
- Delivery notes
- Any other proof the Engineer reasonably asks for
Final Valuation: The Contractor later submits a priced statement using the rates in the Daywork Schedule. This goes into the next Payment Certificate (Clause 14.6).

🗂️ Daily Records — with a digital twist

Here’s where the 2017 edition tightens the bolts:

The Contractor must submit daily statements showing the people, plant, and materials involved.
These must be provided:
- In duplicate hard copy AND
- Electronically (e.g., spreadsheet, PDF log, or through a digital site tool).
The data should be traceable to records maintained under Sub-Clause 6.10 [Contractor’s Records] (personnel logs, equipment usage records, etc.).

🧠 Pro Tip: FIDIC is trying to align with BIM and modern digital site tools here. Expect digital audits and QR code logs to be acceptable supporting documents.

💸 Submitting the Claim

Once the Engineer verifies the records, the Contractor:

Compiles a priced Daywork Statement based on the resources agreed or determined.
Appends the invoices, delivery notes, receipts, etc.
Submits this with the next Statement for payment (Clause 14.3).
The Engineer adds the verified value to the next Interim Payment Certificate (Clause 14.6).

And one more neat touch: the clause states that unless otherwise noted, the Daywork rates include taxes, overhead, and profit. 🧾 No hidden mark-ups!

2️⃣ Breakdown of Clause 13.6 (1999) and Clause 13.5 (2017)

Let’s break this down as if we were preparing our site team to handle a Daywork instruction tomorrow morning. 🛠️

🔹 📘 FIDIC 1999 – Clause 13.6 [Daywork]

So, here’s the deal under the 1999 version—Daywork is basically the go-to method when the variation is too uncertain or fiddly to measure and price ahead of time. You know those situations where the Engineer says, “Just do it—we’ll sort the value later”? That’s when Clause 13.6 kicks in.

But—it only applies if your Contract includes a Daywork Schedule. That’s key. If that schedule isn’t in the contract, you’re out of luck using this clause. 🚫 No backdoor entry here!

🔍 When can Daywork be used?

Only if instructed by the Engineer.
Typically for minor or incidental work—so we’re not talking about major structural changes. Think repairs, small adjustments, or unexpected site clean-up.

🔹 📒 FIDIC 2017 – Clause 13.5 [Daywork]

Now let’s talk evolution. The 2017 version doesn’t throw out the old rulebook—it upgrades it with more clarity, fairness, and a touch of modern project management (yes, hello electronic reporting!).

💡 When does it apply?

Same as before: only if there’s a Daywork Schedule in the Contract and the Engineer specifically instructs the Contractor to carry out work on a daywork basis.

But the 📒 2017 version goes further. It sets up a pre-check mechanism for materials and Goods not priced in the Daywork Schedule.

🛒 Buying Unpriced Goods? Here’s the drill:

Before buying, the Contractor must submit at least two quotations.
The Engineer can either:
- Approve one,
- Instruct which to use, or
- Stay silent.
If the Engineer says nothing for 7 days, the Contractor can go ahead and choose any of the submitted quotations—their discretion is now valid. ✅

That 7-day silence rule is new—and it solves a common issue where the Engineer “ghosts” the decision and delays procurement.

⚙️ Side-by-Side Summary

📘 1999 Edition	📒 2017 Edition
Requires Daywork Schedule ✅	Same ✅
Only Engineer can instruct ❗	Same ❗
Daily signed records required 📝	Requires paper + digital records 📄💻
No procedure for unpriced Goods 🧾	Includes quotation and approval flow for unpriced Goods 💬
Engineer’s silence = no action ❌	After 7 days of silence, Contractor can proceed 🚦
No reference to Sub-Clause 6.10	Cross-refers to Sub-Clause 6.10 for accurate site records 🔗
No clarification on what rates include	Specifies that rates include tax, profit, and overhead 💵

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☕ 3️⃣ Key Interpretations and Implications — Let’s Get into the Nitty-Gritty

So, what’s the big deal with Daywork?

Well, Daywork is that special drawer in the FIDIC toolbox that you pull open when something pops up that’s small, urgent, or unquantifiable in advance. Think: minor cable reroutes, unexpected patch-ups, or fiddly tasks the Engineer didn’t see coming when pricing was done.

But here’s where it gets juicy—understanding what Clause 13.6 (1999) and Clause 13.5 (2017) actually mean in practice, and how they protect (or trip up) each party. Let’s go clause by clause, book by book.

🎯 Engineer’s Power Play: It All Starts With an Instruction

Both versions make it absolutely clear: Daywork can only be used if the Engineer instructs it. The Contractor can’t just decide, “Hey, this seems like Daywork. I’ll bill it that way.”

In both the 📘 1999 and 📒 2017 editions, the Engineer has to initiate the process.

✅ Implication? If you’re the Contractor and you go ahead without written instruction—sorry, you’re probably not getting paid under this clause.

👉 Pro Tip: Always get that instruction in writing. Even better? Get it labeled as “Daywork.” Saves everyone a headache later.

📋 Daily Reports: The Contractor’s Golden Ticket 🎟️

Both editions rely on one critical document: the daily statement.

🛠️ In the 1999 edition:

Contractor must provide daily statements listing:
Names and job titles of all personnel involved
Hours worked
Equipment used (with durations)
Quantities of materials consumed

These must be signed off by the Engineer (or rep) ideally the same day.

🧑‍💻 In the 2017 edition:

Same idea, but modernized: submit duplicates and an electronic copy
Tightly linked to Sub-Clause 6.10 (Contractor’s Records)
Engineer must agree to the resources before they get priced

📝 Key Insight: These aren’t just admin—they’re your paper trail and financial lifeline.

👉 If you skip them? You could lose entitlement to Daywork payments. Like doing the work without punching the clock!

🧾 Unpriced Goods: A 2017 Innovation (That Matters)

One of the standout 2017 upgrades: the multi-quote rule for unpriced materials.

🎯 If using materials not listed in the Daywork Schedule:

Contractor must submit at least two supplier quotations
Engineer has 7 days to pick one
If silent? Contractor may choose any submitted quote

🧠 Why is this great? It prevents deadlock and gives Contractors flexibility while preserving Engineer control.

👉 Interpretive Twist: That 7-day “silence = consent” rule is a subtle but powerful way to keep site operations moving.

🧾 What’s in the Rate? Spoiler: Pretty Much Everything

📒 The 2017 clause says: Unless stated otherwise, Daywork rates include:

Overheads
Contractor’s profit
Taxes

🎯 So you can’t tack on extras unless the Daywork Schedule allows it.

✅ 1999 left this open to interpretation—which meant more room for disputes. The 2017 update smartly shuts this door.

👉 Drafting tip: Always double-check what’s “baked into” the Daywork Schedule—and spell out exclusions in Particular Conditions if needed.

🧩 What If There’s a Dispute?

If the Engineer rejects or disputes the Daywork log:

📘 1999 → Go to Clause 3.5 (Determination)
📒 2017 → You’re off to Clause 3.7 (Agreement or Determination), which has:

Defined consultation steps
Clear timelines
Engineer’s final say, unless disputed again

✅ Either way, the contract gives you a structured resolution route. That avoids “limbo land” and protects payment.

🧱 When Can’t You Use Daywork?

🚫 If there’s no Daywork Schedule in the Contract, Clause 13.5 (or 13.6) simply doesn’t apply.

You can’t just make up the rules—no Schedule means no fallback.

In that case, you’d revert to pricing the Variation under Clause 13.3 using:

Market rates
Cost Plus Profit (if justified)

👉 Lesson? Always confirm the Daywork Schedule exists and is detailed in the Contract Data.

4️⃣ Cross-Referencing with Other Clauses – Let’s Connect the Dots 🧩

Here’s where the magic of FIDIC really shines—Daywork doesn’t operate in a vacuum. It actually weaves into several other clauses to ensure the variation is properly instructed, recorded, measured, valued, and finally paid. Let’s walk through the most important companion clauses and what roles they play in the Daywork process.

Sub-Clause 6.10: Contractor’s Records – forms the basis for the daily statements.

Sub-Clause 3.7 (2017) / 3.5 (1999): Used if there’s disagreement on daily records or valuations.

Clause 13.3: If Daywork isn’t applicable or too complex, the normal Variation procedure kicks in.

Clause 14.3: Final priced Daywork gets added to interim payment certificates.

🔗 Sub-Clause 3.7 (2017) / 3.5 (1999) – Agreement or Determination

This is the referee clause for when things get murky. Imagine the Contractor submits a daily Daywork sheet, but the Engineer disputes the number of labor hours or the classification of equipment used. Boom—you’re in determination territory.

In the 2017 edition, Sub-Clause 3.7 formalizes the process:
– Consultation first (try to reach an agreement).
– If no agreement in 42 days, the Engineer issues a determination.
– If either party is unhappy, they can issue a Notice of Dissatisfaction (NOD).

So, if there’s a fight over what’s billable under Daywork, Clause 13.5 points directly to Clause 3.7. It’s like calling in a senior manager to settle a dispute.

📋 Sub-Clause 6.10 – Contractor’s Records

This is the backbone of Daywork. Without records, Daywork is just hearsay.

This clause requires the Contractor to maintain:
– Names, occupations, and time worked by personnel.
– Equipment used (type, time on site).
– Materials and quantities consumed.

FIDIC 2017 goes a step further—now, you’re expected to deliver not just hard copies but also electronic versions of these daily records. These form the basis for the daily Daywork sheets under Clause 13.5.

No records = No payment. Simple.

🔄 Clause 13.3 – Variation Procedure

Most Variations go through Clause 13.3. But if a Variation is minor, urgent, or can’t be priced upfront, the Engineer may instruct it to be handled as Daywork.

So, think of Clause 13.3 as the gateway. The Engineer instructs a Variation under 13.3, then directs Daywork under 13.5 (2017) or 13.6 (1999) if appropriate.

Clause 13.5 doesn’t stand alone—it’s a child of the broader variation procedure.

💰 Clause 14 – Contract Price and Payment

This is where the Contractor gets paid. All Daywork done under Clause 13.5 must show up in:
– Interim Payment Certificates via Clause 14.3.
– Corrected/adjusted if necessary under Clause 14.6.3 (2017).

So once Daywork records are verified and priced, they flow directly into the payment pipeline through Clause 14. It’s the final stop before the money hits the Contractor’s account.

📑 Sub-Clause 1.1.26 (2017) / 1.1.4.10 (1999) – Daywork Schedule

This is the trigger mechanism. Clause 13.5 or 13.6 only applies if a Daywork Schedule is included in the Contract.

The Schedule defines the agreed rates for:
– Labor
– Equipment
– Materials

FIDIC 2017 even clarifies that unless stated otherwise, these rates include taxes, overheads, and profit. If there’s no Daywork Schedule? Then you fall back to Clause 13.3, and everything must be negotiated.

🛑 Clause 20 – Claims

Let’s say the Engineer delays verifying your Daywork sheets. Or there’s a dispute on quantum and it’s costing you time and money. This is where Clause 20 kicks in.

Under FIDIC 2017:
– Issue a Notice of Claim within 28 days.
– Follow up with a Detailed Claim within 84 days.

Your daily records (thanks, Clause 6.10!) become your key evidence. Clause 20 gives you the structured pathway to claim time and/or money if something goes wrong in the Daywork chain.

🧩 FIDIC Daywork Clause Interactive Flowchart

Click on any node to explore how Clause 13.5 / 13.6 links to related provisions.

5️⃣ What-If Scenarios? – How Daywork Plays Out on the Ground 🏗️

Because no clause is complete until we see it in action, right? Here’s how Clause 13.5 / 13.6 unfolds in real-world construction settings—with some juicy “what if” twists. These examples are grounded in both FIDIC books, the Golden Principles 🟡, and industry practice.

Scenario	Click to View Explanation
Daywork Schedule is Missing	📘 Clause 13.6 / 📒 Clause 13.5 only applies if a Daywork Schedule is included in the Contract. If it’s missing, you can’t claim payment on a time-and-materials basis. Instead, you’d revert to Clause 13.3 for traditional valuation—either agreed rates or fair valuation. Pro tip: Check during tendering whether the Daywork Schedule is included. If not, consider raising it as a risk or requesting it be added.
Engineer Doesn’t Respond to Quotations	📒 Under the 2017 Book, if the Engineer doesn’t respond to your three submitted quotations for unpriced Goods within 7 days, you can proceed with any of them. This avoids project delays, but be cautious—choose the most reasonable quote to avoid disputes under Clause 3.7. This protects you from inaction, but puts the burden on your judgment and documentation.
Engineer Disputes Daily Records	Daily statements (incl. labour, plant, materials) must be signed by the Engineer or agreed upon. If they disagree, it becomes a “matter” under Clause 3.7 (2017) or 3.5 (1999). Always aim for daily sign-off. If not possible, include photos, timestamps, and logs to protect your entitlement. 🧠 Without Engineer sign-off, the burden of proof falls heavily on the Contractor.
Starting Daywork Without Instruction	No go. Both editions make it clear: Daywork must be instructed by the Engineer. If you proceed without instruction—even if the work seems minor—you risk non-payment. Golden Principle 1 reminds us: risk and responsibility must be clearly allocated. Here, the Engineer leads the Daywork process.
Missed a Daily Statement Submission	📘 1999 expects daily hard-copy reports. 📒 2017 modernizes it: requires a duplicate paper + electronic version. If you miss the daily submission, your entitlement could be at risk—especially if work can’t be verified later. Daily reporting is a protective tool. Don’t skip it—make it routine!
Engineer Tries to Cut Daywork Value Later	Once signed and verified daily records are submitted, the Engineer cannot arbitrarily reduce payments unless there’s a genuine error or dispute. Disagreements must follow the fair determination path under Clause 3.7 (or 3.5 in 1999). 🛡️ Signed statements act like a shield—Engineers can’t override them without due process.

6️⃣ Suggestions for Clarity and Improvement (Expanded & GP-Aligned) ✍️🛠️

1️⃣ Define “Minor or Incidental” Works with Examples

Issue: The term “minor or incidental” is vague and can lead to disputes over Daywork applicability.

Solution: Define this clearly in the Particular Conditions. E.g.: “Minor or incidental” means any work valued under $5,000 or taking less than two working days.

GP2: Defines scope clearly
GP3: Prevents unfair interpretation

2️⃣ Require a Template for Daily Records

Issue: Disagreements arise when records lack consistency.

Solution: Provide a structured Daywork template with fields for labour, plant hours, materials, and photos if needed.

GP1: Clear communication
GP2: Structured documentation

3️⃣ Add a Time Limit for Engineer’s Signature

Issue: Delayed signatures stall payments.

Solution: Add a clause stating daily records must be reviewed within 48 hours, or they’re deemed accepted.

GP4: Timely resolution
GP5: Dispute avoidance

4️⃣ Clarify Inclusion of Taxes, Overhead, and Profit

Issue: Misunderstanding about what rates include.

Solution: State: “Unless otherwise noted, Daywork rates include all applicable taxes, overheads, and profit.”

GP2: Avoid ambiguity
GP3: Fair compensation

5️⃣ Provide a Fallback if No Daywork Schedule Exists

Issue: Clause 13.5 becomes ineffective without a Daywork Schedule.

Solution: Include fallback language: use actual cost + agreed markup if no schedule is included.

GP1: Keeps contract operational
GP3: Equitable risk allocation

6️⃣ Include Clause Cross-References in Daily Reports

Issue: Lack of traceability between daywork and instructions.

Solution: Require reference to the Variation number or instruction (e.g., Clause 13.3) in each daywork report.

GP2: Improves traceability
GP5: Simplifies resolution of disputes

Checklist

📋 Clause 13.5 – Daywork Checklist (Click to Expand)

#	Checklist Point	Reference (2017/1999)
1	Is a Daywork Schedule included in the Contract?	13.5 / 13.6
2	Was the Daywork explicitly instructed by the Engineer?	13.5 / 13.6
3	Was the work minor or incidental in nature?	13.5 / 13.6
4	Were quotations for unpriced Goods submitted?	13.5 (2017)
5	Did the Engineer respond within 7 days to quotations?	13.5 (2017)
6	If no response, did Contractor proceed with one quotation?	13.5 (2017)
7	Were daily statements submitted and signed?	13.5 / 13.6
8	Did statements include names, hours, plant, materials?	13.5 / 13.6
9	Was an electronic copy submitted? (2017 only)	13.5 (2017)
10	Were invoices/receipts for materials attached?	13.5 / 13.6
11	Was the priced statement submitted for payment?	14 / 13.5 / 13.6
12	Were rates applied as per Daywork Schedule (incl. markup)?	13.5 (2017)
13	Were disputes referred via Clause 3.7 / 3.5 as needed?	3.7 / 3.5

📌 Sample Letter

Subject: Request for Daywork Instruction – Minor Variation (Clause 13.5)

To: The Engineer  
From: Contractor  
Date: [Insert Date]  
Contract No.: [Insert Contract Number]  
Project: [Insert Project Name]  

Dear [Engineer’s Name],

Pursuant to Clause 13.5 [Daywork] of the Conditions of Contract, we respectfully request your instruction to proceed with the following works on a Daywork basis:

- Description of Work: [e.g., Minor pipe rerouting near Column C3]  
- Location: [Insert Site Location]  
- Estimated Duration: [e.g., 2 Days]  
- Reason: [e.g., Unforeseen obstruction requiring immediate resolution]

We will submit daily statements accordingly. Please confirm.

Yours faithfully,  
[Authorized Contractor's Rep]  
[Company Name]

Subject: Daily Statement Submission – Daywork Activities (Clause 13.5)

To: The Engineer  
From: Contractor  
Date: [Insert Date]  
Daywork Reference No.: DW-[001]  

Dear [Engineer’s Name],

Please find attached the daily statement for Daywork performed on [Date] under Clause 13.5:

- Labor: 2 Pipefitters, 8 hrs each  
- Plant: 1 Excavator, 5 hrs  
- Materials: 10m HDPE Pipe DN150

Kindly acknowledge by countersignature. PDF copy also submitted.

Sincerely,  
[Site Engineer]  
[Company Name]  
Attachment: DW-001 Daily Statement

Subject: Submission of Quotations for Unpriced Materials under Clause 13.5

To: The Engineer  
From: Contractor  
Date: [Insert Date]  

Dear [Engineer’s Name],

In line with Clause 13.5 [Daywork], we submit the following quotations for [Insert Item]:

1. Vendor A – QAR 4,250  
2. Vendor B – QAR 4,700  
3. Vendor C – QAR 4,100

Please advise which to proceed with. Failing response within 7 days, we will act per Clause 13.5.

Yours sincerely,  
[Authorized Representative]  
[Company Name]  
Attachments: Vendor Quotations

Subject: Submission of Priced Daywork Statement for Engineer’s Certification

To: The Engineer  
From: Contractor  
Date: [Insert Date]  

Dear [Engineer’s Name],

Please find attached our priced Daywork statement for work carried out between [Start Date] and [End Date]. This includes:

- Verified resources  
- Daywork Schedule rates  
- Supporting invoices

We request certification and inclusion in the upcoming IPC.

Best regards,  
[Commercial Manager]  
[Company Name]  
Attachments: Priced Daywork Summary

Subject: Notice of Disagreement with Daywork Valuation – Clause 3.7 Reference

To: The Engineer  
From: Contractor  
Date: [Insert Date]  

Dear [Engineer’s Name],

We note your determination dated [Date] concerning Daywork valuation. Certain labor and plant items were disallowed.

We disagree with this and request formal determination under Clause 3.7.

Disputed items and justification are attached for your review.

Yours faithfully,  
[Authorized Signatory]  
[Contractor’s Company]  
Attachments: Comparison Table of Disputed Items

Clause 13.5 Daywork – FIDIC Yellow Book Explained Clearly