🔍 1️⃣ Purpose of Clause 6.10
The purpose of Clause 6.10 is to ensure that the Contractor keeps detailed and regular records of personnel and equipment deployed on the Site. These records serve several purposes:
- 📊 Enable the Engineer to verify compliance with staffing and equipment commitments.
- 🧾 Provide a factual basis for evaluating claims, progress, and performance.
- 📚 Ensure transparency, particularly in cost-based claims or variations.
In the 2017 Edition, the clause was expanded significantly to integrate with progress reporting requirements and enhance accountability.
🧩 2️⃣ Breakdown of Clause 6.10
📘 1999 Edition – Clause 6.10: Records of Contractor’s Personnel and Equipment
“The Contractor shall submit, to the Engineer, details showing the number of each class of Contractor’s Personnel and of each type of Contractor’s Equipment on the Site. Details shall be submitted each calendar month, in a form approved by the Engineer, until the Contractor has completed all work which is known to be outstanding at the completion date stated in the Taking-Over Certificate for the Works.”
✅ Key Features:
- Monthly submissions
- Focuses only on types and numbers of personnel and equipment
- Duration: Until all known outstanding work is completed
📙 2017 Edition – Clause 6.10: Contractor’s Records
“Unless otherwise proposed by the Contractor and agreed by the Engineer, in each progress report under Sub-Clause 4.20 [Progress Reports], the Contractor shall include records of:
- occupations and actual working hours of each class of Contractor’s Personnel;
- the type and actual working hours of each of the Contractor’s Equipment;
- the types of Temporary Works used;
- the types of Plant installed in the Permanent Works; and
- the quantities and types of Materials used
for each work activity shown in the Programme, at each work location and for each day of work.”
✅ Key Features:
- Detailed daily records (not just monthly)
- Expanded scope: includes Temporary Works, Plant, Materials
- Integrated into progress reports
- Tied to actual work activities and locations
📌 3️⃣ Key Interpretations and Implications
✅ Benefits:
- Enhanced traceability for claims and progress.
- Stronger link between planning (Programme) and execution (actuals).
- Facilitates dispute resolution by maintaining factual records.
🚨 Risks if poorly implemented:
- Claims may be rejected if insufficient records are maintained.
- Engineer may question delays or cost-related claims due to lack of supporting data.
- Can create grounds for non-compliance if Engineer-approved formats are not followed.
🔗 4️⃣ Cross-Referencing with Other Clauses
Clause 6.10 doesn’t exist in isolation—it interplays with several critical clauses throughout the contract that influence project administration, claims, and oversight.
📄 Sub-Clause 4.20 [Progress Reports] (2017):
- Progress reports are the primary vehicle for delivering the data captured under Clause 6.10.
- The records required by Clause 6.10 must be submitted with each progress report.
- This strengthens the role of records as tools for contemporaneous documentation of daily activities.
🕵️♂️ Sub-Clause 20.2.3 [Contemporary Records] (2017):
- Under claims procedures, the Contractor is obliged to maintain contemporary records.
- Clause 6.10 records—if detailed and correctly maintained—serve as vital evidence for claims of time and cost.
- Engineers and dispute boards often use these to assess entitlement and causation.
📂 Sub-Clause 1.8 [Care and Supply of Documents] (2017):
- This clause obliges the Contractor to keep all contractual documentation, including records, on-site.
- Clause 6.10 records fall under this umbrella and must be readily available for inspection by the Engineer or Employer’s Personnel.
📑 Clause 13.5 [Daywork]:
- If work is done on a daywork basis, the Engineer may require proof of equipment and personnel usage.
- Clause 6.10 records support the assessment and valuation of such work.
📉 Clause 8.4/8.5 [Extension of Time]:
- When requesting EOT, the Contractor may use Clause 6.10 records to demonstrate delays and resource deployment.
- This enhances credibility and supports objective determinations.
💡 Practical Interaction Summary:
- Clause 6.10 records are foundational to substantiating performance, claims, and payment.
- The integration across clauses makes it a linchpin in contract administration and dispute avoidance.
🤔 5️⃣ What-If Scenarios?
What if the Contractor fails to submit these records regularly?
📉 The Engineer may dispute claims for extensions or costs due to lack of evidence. Repeated failures could be considered a breach of contract.
Can the Contractor propose a different reporting method?
✅ Yes, under the 2017 Edition, with the Engineer’s agreement.
If Plant or Equipment is used off-site, should it be recorded?
📍 Only if the off-site work is part of the Programme and contractually relevant. It should then be reflected in the work location data.
What if the Engineer disputes the accuracy of the submitted records?
🧐 The Engineer may request clarifications or additional verification, and if still dissatisfied, might withhold approvals or certifications linked to those records.
Are these records confidential?
🔐 They may contain sensitive information, but since they are contractual deliverables, they must be disclosed to the Engineer and Employer. Confidentiality terms under Clause 1.12 still apply.
✏️ 6️⃣ Suggestions for Clarity and Improvement
- 🔍 Define “actual working hours”: For example, clarify whether this includes lunch breaks or idle time. Is an operator on standby counted the same as one actively working?
- 📆 Specify frequency more clearly: Although daily records are required under the 2017 edition, it may help to explicitly recommend weekly summaries for better oversight. For instance, a summary table showing weekly averages could reduce reporting fatigue.
- 🧩 Standardized digital templates: Recommend tools such as MS Excel sheets or site management software (e.g., Procore, Aconex). These templates can automatically track labor and equipment deployment and output reports in Engineer-approved formats.Example: A daily digital form auto-filled by site foremen listing:
- Excavator: 7 hours
- Concrete pump: 5 hours
- Formwork crew (3 carpenters): 8 hours each
- 🗂 Link clearly to Programme activities:
- Each record entry should map to specific activities on the Programme (e.g., Activity WBS Code 3.2 – Foundation Excavation).
- Example: Monday, WBS 3.2 – 2x Excavators, 4x Laborers. Concrete poured: 12 m³.
- 🔄 Engineer’s review framework:
- Propose a timeline for review (e.g., the Engineer shall raise objections within 7 days of receiving the report).
- Define what constitutes a material discrepancy (e.g., over 10% deviation from previously reported resource allocations).
- 📌 Clarify storage and access protocols:
| Suggestion Area | Detail | Example/Tool |
|---|---|---|
| 🔍 Define “actual working hours” | Clarify whether breaks or idle time count | Does 8-hour shift include lunch? Are standby hours logged? |
| 📆 Frequency of Reporting | Clarify daily vs. summarized weekly reports | Daily log + Weekly Summary Table |
| 🧩 Standardized Templates | Use Excel or software like Procore/Aconex | Auto-fill forms tracking crew/equipment per activity |
| 🗂 Link to Programme | Map records to WBS codes and activities | “WBS 3.2 – 2 Excavators, 12 m³ Concrete” |
| 🔄 Engineer Review Criteria | Establish review deadlines and discrepancy thresholds | Engineer responds within 7 days; >10% variance flagged |
| 📌 Record Storage Protocol | Specify format, retention period | Digital + hard copy for 5 years post-handover |
🧠 7️⃣ Final Takeaways
| Aspect | 1999 Edition | 2017 Edition |
|---|---|---|
| Frequency | Monthly | Daily (integrated into reports) |
| Scope | Personnel & Equipment only | Also includes Plant, Temporary Works, Materials |
| Format | Engineer-approved | Included in progress reports |
| Usefulness | Moderate | Highly integrated with claims and progress |
🛠 Practical Tip: Contractors should treat Clause 6.10 as more than an administrative task—it’s a strategic tool for justifying claims and proving performance. Set up automated data collection wherever possible.
✅ Clause 6.10 Compliance Checklist
| Item | Description | Completed |
| 1 | Are daily records of Contractor’s Personnel maintained? | ☐ |
| 2 | Are actual working hours for each class of personnel recorded? | ☐ |
| 3 | Are daily records of each type of equipment and usage hours submitted? | ☐ |
| 4 | Are records of Temporary Works usage included? | ☐ |
| 5 | Are Plant installations in Permanent Works tracked? | ☐ |
| 6 | Are quantities and types of Materials used recorded by location and activity? | ☐ |
| 7 | Are records properly mapped to Programme activities and WBS codes? | ☐ |
| 8 | Are reports submitted as part of Sub-Clause 4.20 Progress Reports? | ☐ |
| 9 | Are records stored in both electronic and physical formats on-site? | ☐ |
| 10 | Has the Engineer approved the format or provided no objection to the reporting method? | ☐ |
| 11 | Is there a review process for identifying discrepancies and resolving them timely? | ☐ |
| 12 | Are records available for review in case of claims or disputes under Clause 20? | ☐ |
✉️ Sample Letters under Clause 6.10
| Scenario | Purpose | Sample Letter Title |
|---|---|---|
| Contractor submits monthly/daily records (1999/2017) | Regular submission of records per Clause 6.10 | “Submission of Contractor’s Personnel and Equipment Records – [Month/Week]” |
| Contractor proposes alternative reporting method | Request Engineer’s approval under 2017 Clause 6.10 | “Proposal for Alternative Format for Contractor’s Records” |
| Engineer requests clarification on submitted records | Engineer raises queries on data accuracy | “Request for Clarification on Submitted Contractor Records” |
| Discrepancy found in reported vs. observed data | Notify Contractor of inconsistency | “Notice of Discrepancy in Contractor’s Daily Records” |
| Engineer rejects submitted records format | Official rejection with request for resubmission | “Engineer’s Rejection of Submitted Records Format” |
| Contractor requests confirmation of compliance | Contractor seeks acknowledgment | “Request for Confirmation of Record Compliance under Clause 6.10” |
📄 Sample Letter 1: Submission of Daily Contractor Records
To: The Engineer
From: [Contractor Name]
Date: [Date]
Subject: Submission of Contractor’s Daily Records for [Date/Week] – Clause 6.10
Dear Sir/Madam,
In compliance with Sub-Clause 6.10 [Contractor’s Records] of the Conditions of Contract (FIDIC Yellow Book 2017), please find enclosed the daily records for [insert date or week], including:
- Number and classification of Contractor’s Personnel
- Working hours for each class of personnel
- Equipment used and their operational hours
- Temporary Works used
- Plant installed in the Permanent Works
- Quantities and types of Materials used
All data is recorded per activity and location as outlined in the Programme and in accordance with Sub-Clause 4.20 [Progress Reports].
Please confirm receipt and advise if any clarification is required.
Yours faithfully,
[Name]
[Position]
For and on behalf of [Contractor’s Name]
📄 Sample Letter 2: Proposal for Alternative Format
To: The Engineer
From: [Contractor Name]
Date: [Date]
Subject: Proposal for Alternative Format for Contractor’s Records – Clause 6.10
Dear Sir/Madam,
We refer to Sub-Clause 6.10 [Contractor’s Records] of the Conditions of Contract. In order to streamline reporting and ensure alignment with our internal digital systems, we propose the attached format for the submission of daily records.
This format includes:
- Interactive spreadsheets with automatic tallying of personnel and equipment usage
- Direct links to Programme activities (WBS codes)
- Enhanced traceability and audit capability
We request your review and approval (or comments) of this format for implementation from [insert proposed date].
Yours sincerely,
[Name]
[Position]
[Contractor’s Name]