📘 Clause 4.19 – Temporary Utilities (2017) / Electricity, Water and Gas (1999)

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FIDIC Clause 4.19: Temporary Utilities

⚒️ FIDIC Clause 4.19: Powering Your Construction Site

2017: Temporary Utilities – Employer’s Playbook

Imagine a construction site as a bustling ecosystem — it thrives on utilities like electricity, water, and gas. Clause 4.19 in the FIDIC Yellow Book 2017 ensures these essentials are planned from the get-go, avoiding costly surprises.

The Employer’s Requirements take center stage, demanding clarity on:

  • What utilities (electricity, water, gas, etc.) will be provided, if any
  • Where exactly on the site they’ll be available
  • The expected capacity or volume
  • The cost per unit for the Contractor

Why it matters: Without clear utility provisions, projects risk delays, budget overruns, and frustration. Clause 4.19 acts like a blueprint, ensuring everyone’s on the same page.

🛠️ See Practical Implications

Unclear utility provisions can halt progress. For example, if a Contractor assumes water is available but it’s not, they might face delays sourcing it, inflating costs. Clear Employer’s Requirements prevent these hiccups.

1999: Electricity, Water, and Gas – Contractor’s Responsibility

Back in the FIDIC Yellow Book 1999, Clause 4.19 takes a tougher stance: Contractors are on their own for utilities unless the Employer explicitly says otherwise.

Key Quote: “The Contractor shall, except as stated below, be responsible for the provision of all power, water and other services he may require.”

This puts the burden squarely on the Contractor to plan, budget, and secure utilities. If the Employer offers support, it must be clearly documented — no assumptions allowed!

🔍 Explore Contractor Challenges

Contractors must anticipate utility needs, from generators for power to water tanks for remote sites. Misjudge this, and you’re looking at unexpected costs or project delays.

🔗 Dive Deeper into FIDIC Clauses

Want to master more FIDIC provisions? Check out these related articles:

Clause 4.18: Protection of the Environment | Clause 4.15: Access Route | Clause 4.10: Use of Site Data

FIDIC Clause 4.19: Temporary Utilities

⚒️ FIDIC Clause 4.19: Powering Your Construction Site – Let’s Dive In!

1999 Edition – Electricity, Water and Gas: Contractor’s Default Responsibility

Think of a construction site as a living, breathing organism — it needs energy, water, and sometimes gas to operate smoothly. But in the FIDIC Yellow Book 1999, Clause 4.19 puts the onus on you, the Contractor, to handle all that unless specified otherwise.

  • Default rule: The Contractor provides everything
  • Exception: Only if it’s explicitly stated in the contract that the Employer will provide something, can the Contractor rely on it
  • Implication: If it’s not written down, don’t assume you’ll get power, water, or gas — plan accordingly

If the Employer does provide something, the contract needs to spell out:

  • What exactly is provided
  • The supply points
  • Any associated costs

It’s all about self-sufficiency with the option of support, but only when documented.

🛠️ Explore Contractor Challenges

Contractors must anticipate utility needs, from generators for power to water tanks for remote sites. Misjudge this, and you’re looking at unexpected costs or project delays.

2017 Edition – Temporary Utilities: Structured and Modern Approach

This version is more structured and modern. It recognizes that utility provision can vary wildly by project and that clear communication is key. Rather than presuming anything, it says: let’s document what will be available in the Employer’s Requirements.

The clause nudges the Employer to be thorough, helping the Contractor to:

  • Understand what’s available on-site
  • Avoid surprise costs or logistical headaches
  • Plan more effectively from day one

Why is this important? Because if utilities are assumed but not actually available, it can lead to major hiccups — think delays, cost overruns, and frustration for everyone. This clause is preventative medicine: it ensures that everyone knows what’s available and what isn’t from the outset.

🔍 See Practical Implications

Unclear utility provisions can halt progress. For example, if a Contractor assumes water is available but it’s not, they might face delays sourcing it, inflating costs. Clear Employer’s Requirements prevent these hiccups.

⚠️ Ambiguity Alert

When the Employer’s Requirements are silent or vague, it becomes a breeding ground for disputes. If utilities are essential for tests, commissioning, or production runs, not having clarity could cripple progress at critical stages.

Key Risks:

  • Contractor Assumptions Gone Wrong: If the contract is vague, the Contractor might assume utilities are included. Big mistake. This could result in delays and claims.
  • Surprise Bills: If the Employer supplies utilities but doesn’t clarify the charges, the Contractor might get hit with unexpected costs.
📊 Dive into Risk Scenarios

Scenario: A Contractor assumes free electricity for testing but gets a hefty bill post-commissioning due to unclear terms. This could spark disputes or even halt progress if funds are tight.

What If Scenarios? Let’s Test the Clause with Real-World Examples

Let’s test the clause with some real-world examples to see how it plays out in practice. These “what ifs” highlight the importance of clear documentation.

What if the Employer promises electricity during negotiation, but doesn’t include it in the contract?

The Contractor might be out of luck — especially under the 1999 version. If it’s not in writing, it’s not enforceable. The Contractor may still have a claim, but it will be much harder to prove.

What if the Contractor assumed water would be free but is suddenly billed for it?

Again, this boils down to what’s documented. If the Employer didn’t specify a rate, and the contract says utilities would be charged, the Contractor might have to pay.

What if utilities are delayed or inadequate?

The Contractor could be entitled to time and/or cost relief under Clause 8.5 (Extension of Time) and potentially Clause 20 (Claims), especially if the utilities were part of the Employer’s commitments.

🤔 More Scenario Insights

These scenarios show how small oversights can lead to big issues. Always double-check the contract to avoid these pitfalls!

Cross-Referencing with Other Clauses

To really grasp the power of Clause 4.19, we should look at how it links up with other key provisions:

  • Clause 1.1.33 (Employer’s Requirements): This is where all utility-related provisions should be detailed. If it’s not here, don’t count on it. Check out our guide on General Provisions in FIDIC Yellow Book.
  • Clause 4.10 (Use of Site Data): If utility availability is site-specific, it should be reflected in the data provided to the Contractor. Dive deeper into Clause 4.10: Use of Site Data.
  • Clause 14.1 (Contract Price): If the Employer is charging for utilities, those costs should be factored into the pricing and Schedule of Payments. Learn more about Clause 14.1: The Contract Price.

These cross-references show how interconnected FIDIC clauses are — mastering one helps unlock others!

Practical Tips for Employers and Contractors

Here’s some actionable advice to make Clause 4.19 work for you:

For the Employer

  • Specify the type, capacity, and timing of each utility
  • Clearly state the unit rates and whether metering will be in place
  • Include connection diagrams if available

For the Contractor

  • Seek written confirmation of any verbal promises
  • Ask detailed questions during tendering
  • Include provisional sums for utility infrastructure if scope is unclear

Bonus Tip

Use a utility table in the Contract Data listing what’s available, where, when, and how much it costs. This reduces ambiguity to near zero.

Party Tip
Employer Specify type, capacity, timing, unit rates, and include diagrams.
Contractor Get written confirmations, ask questions in tendering, add provisional sums.
Bonus Create a utility table in Contract Data for clarity.

🔗 Dive Deeper into FIDIC Clauses

Want to master more FIDIC provisions? Check out these related articles:

Clause 4.18: Protection of the Environment | Clause 4.15: Access Route | Clause 20: Claims, Disputes & Arbitration

📩 Sample Letters – Clause 4.19

Request for Clarification on Temporary Utilities under Clause 4.19
Dear [Employer/Engineer’s Name],

We refer to the Contract [Contract No./Title] and specifically to Clause 4.19 regarding the provision of temporary utilities at the Site.

We have reviewed the Employer’s Requirements; however, the documentation does not clearly state the availability, connection points, or pricing for the following utilities:

Electricity (including phase and capacity)
Water (including pressure and volume)
Gas (if applicable)

Kindly confirm whether these utilities will be provided by the Employer, and if so, please specify:
- Type and capacity of each utility.
- Supply points and required connections.
- Charges per unit (if any).

This information is essential for us to finalize our method statements, planning, and associated costs.

We look forward to your prompt response.

Yours sincerely,
[Name]
[Title]
[Contractor’s Company Name]
Notice of Delay due to Non-Availability of Utilities – Clauses 4.19, 8.5 & 20.1
Dear [Engineer’s Name],

We refer to the Contract [Contract No./Title] and specifically to Clause 4.19 regarding the provision of temporary utilities at the Site.

As of [date], the following utilities committed by the Employer have not been made available at the Site:

[Utility Type] was expected from [planned date], but remains unavailable as of today.

This has adversely affected our scheduled activities, including [e.g., testing, commissioning, or construction operations].

We hereby give formal notice, under Clause 20.1 [Contractor’s Claims] and Clause 8.5 [Extension of Time], of:
- A delay to the progress of the Works.
- Our intention to claim an extension of time and associated costs.

Kindly acknowledge this notice and advise if further details or supporting documentation are required.

Yours sincerely,
[Name]
[Title]
[Contractor’s Company Name]
Confirmation of Utility Provisions at Site under Clause 4.19
Dear [Contractor’s Name],

We refer to the Contract [Contract No./Title] and your query dated [date] regarding temporary utilities under Clause 4.19.

We confirm that the following utilities will be made available at the Site during the execution of the Works:

Utility     Type       Capacity    Supply Point            Rate         Notes
Electricity 3-phase    100 kVA     South Gate Substation   $0.15/kWh    Metered
Water       Potable    25 mÂł/day   North Yard Tank         $0.80/mÂł     Flat rate

The Contractor is responsible for installation of any temporary connections and cabling required to access these supply points.

Please coordinate with [relevant person or department] to arrange connection timing.

Yours faithfully,
[Name]
[Title]
[Employer’s Organization Name]

✅ Clause 4.19 Utility Provision Checklist

🔧For the Employer – Planning & Documentation
Use this to ensure the Employer’s Requirements and contract documents are complete and clear.
🛠️For the Contractor – Tendering & Execution
Use this during tendering and site execution to avoid assumptions or surprises.

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