Views in the last 30 days: 250
Estimated read time: 27 minute(s)
Interim Payment Certificates: FIDIC Yellow Book Explained
Imagine trying to run a marathon but only getting a sip of water at the finish line. That’s what a project would feel like for a Contractor without interim payments! These clauses (14.3 & 14.6) are the financial lifeblood 🩸 of any FIDIC project.
- Regular payments for wages, materials, plant, and subcontractors.
- Clause 14.3: Right to claim payment for work done (usually monthly).
- Clause 14.6: Engineer must certify payments within 28 days.
- This keeps projects moving and avoids expensive financing risks.
How Did the Process Evolve? (1999 vs 2017)
- Payment process clear, but less detail on Engineer’s assessment duties.
- Withholding rules vague; fewer formal steps for disputes over payments.
- Focus: “Fair determination” but no direct link to contract dispute machinery.
- Increased detail on the format/content of payment statements.
- Clearer, structured rules for withholding (Clause 14.6.2).
- Stronger links to Clause 3.7: Any dispute about an IPC triggers a determination process before it escalates to claims/disputes.
- Smoother, more transparent, and dispute-averse process!
2017’s payment process is not just “longer”—it’s smarter, more transparent, and far better at avoiding cash flow fights!
If a dispute arises about payment, 2017 Edition provides a clear, step-by-step route for resolution (see Clause 3.7).
Breakdown of the Clauses: Step-by-Step Guide 📝
We’ll break down the 1999 and 2017 FIDIC Yellow Book interim payment process, step by step. Click on each clause below to see what it really means in practice!
- Timing: Monthly (or as agreed). Contractor prepares a detailed “Statement”. Six copies! 📄
- Statement Breakdown:
- 🥩 The Meat: Value of works executed + design docs.
- 🌶️ The Spice: Adjustments for legal/cost changes.
- 🤏 Hold the Mayo: Deduct retention money (security).
- 💰 Paying Back the Loan: Adjust for Advance Payment.
- 🍅 Extra Toppings: Plant/materials delivered (not yet installed).
- “Everything Else” Drawer: Other due amounts, e.g., Claims.
- ➖ Subtracting the Past: Deduct what’s already certified.
- Why: Transparency, detailed tracking, keeps everyone honest.
- ⏰ 28 days: Engineer reviews all, issues IPC to Employer & Contractor.
- Fair Determination: Engineer states what’s fairly due, explains with supporting details.
- 🖍️ Red Pen Time (Withholding):
- Work/materials non-compliant? Withhold estimated fixing cost.
- Unmet obligations? Withhold after Engineer’s notice.
- Corrections: Engineer can fix prior IPC errors in later certificates.
- Not Final Approval: IPC isn’t acceptance of final quality; Defects period still applies.
- Minimum IPC Value: If net claim < min. threshold, Engineer may skip issuing an IPC (before Take Over).
- Submission: Usually monthly. Now needs one paper original + one electronic, plus others if required. 💻
- Format: Must be “acceptable to the Engineer” – likely a specific template.
- Contents: Very similar to 1999, but laid out more clearly (i)-(x):
*Must* include Clause 4.20 progress report.
- ⏰ 28 days: Engineer “fairly considers” amount due (wording change, same deadline).
- Justification: If certified sum ≠ Contractor’s claim, Engineer must explain the difference in detail.
- Now lists exact reasons for withholding:
- (a) Defective work/materials – estimated fix cost withheld.
- (b) Unmet obligations – only after Engineer’s Notice.
- (c) Significant errors – allow correction before payment.
- Engineer must detail calculations for any sums withheld.
- Engineer may still correct errors in future IPCs.
- New: If Contractor disagrees, they must flag disputed sums in next Statement.
- Engineer responds; if still not settled, matter can be escalated under Clause 3.7 [Determination].
- 2-stage resolution process before it becomes a formal dispute!
- Contractor submits Statement (Clause 14.3)
- Engineer reviews with supporting docs
- Engineer certifies within 28 days (Clause 14.6)
- Withholdings/corrections if justified
- Not final approval – defects period still to come
- Contractor submits in paper & digital (Clause 14.3)
- Engineer reviews Statement + Clause 4.20 report
- Engineer certifies, justifies any differences (14.6.1)
- Structured withholdings (14.6.2) – clear reasons required
- 2-stage feedback: Contractor flags disputes, Engineer responds, escalation if needed (14.6.3/3.7)
Key Interpretations & Implications What Does It Really Mean?
🗣️ Here’s what these clauses mean for each party, and why attention to detail, fairness, and process is more critical than ever in both the 1999 and 2017 editions.
The 2017 edition is even stricter on detail and format.
28-day deadline! Delays can cost the Employer (see Clause 14.8).
The 2017 edition is extra-transparent on this.
Certification is just a snapshot—defects can still be corrected later (Clause 14.6 / 14.6.3). Defects liability (e.g., Clause 11) always applies.
This path aims for early, fair resolution—before it escalates to a dispute (Clause 21).
Cross-Referencing: How Interim Payments Connect to the Bigger Picture 🔗
Clauses 14.3 & 14.6 are the central hub of project payments—but dozens of other FIDIC roads lead to and from them! Here’s how the web connects:
All key payment terms—“Statement”, “Interim Payment Certificate (IPC)”, “Retention Money”, “Contract Price”—are defined here. (e.g., Sub-Clauses 1.1.79, 1.1.45, 1.1.70, 1.1.12, 1.1.1 in 2017)
Extra work, value engineering, or cost increases (e.g., under 13.7/13.8) all change the Statement under Clause 14.3 and the certified IPC (14.6).
Repayment (per 14.2.3) directly impacts each Statement and IPC—amounts deducted in the application, verified by the Engineer.
Value of materials/plant delivered (not yet installed) can be added to the IPC if requirements are met (evidence, guarantees, etc.).
Financial results of successful claims (Contractor or Employer) are routed through the IPC mechanism in 14.3.
Duties & Authority (3.2 in 2017): Engineer certifies payment under 14.6—but can’t change Contract terms.
Agreement or Determination (3.7 in 2017 / 3.5 in 1999): If Engineer/Contractor disagree on values, must use the fair determination process here.
Progress Reports: 4.20 in 2017 / 4.21 in 1999—must be included in the Statement under 14.3. Engineer uses these to verify progress before certifying the IPC.
Detailed site records aren’t attached to every IPC, but underpin the numbers in the Statement. Engineer can request to inspect if needed.
Payment by Employer (14.7): Deadline (e.g., 56 days in 1999) for payment after IPC certified.
Delayed Payment (14.8): If late, Contractor earns financing charges, calculated from the IPC.
Suspension/Termination (16): Persistent non-payment or non-certification gives the Contractor rights to suspend/terminate.
Taking Over (Clause 10): IPCs continue until Taking Over Certificate. After, process shifts to Final Payment Certificate (14.11+).
Defects (Clause 11): IPC isn’t final acceptance; defects found during assessment let the Engineer withhold sums as needed.
Interactive Connection Map
How Do Interim Payments Link to Everything Else?
Click a node to see its cross-reference.
Clauses 14.3 & 14.6 – The Payment Engine
Clause 14.3 (Application) and Clause 14.6 (Certification) are the heart of the interim payment process.
The Contractor applies, the Engineer certifies, and the Employer pays—or the whole project stalls!
Definitions (Clause 1.1)
Key payment terms like “Statement”, “IPC”, “Retention Money”, and “Contract Price” are all defined here. Misinterpret a definition and you might misapply Clause 14.3 or 14.6!
Variations & Adjustments (Clause 13)
Any extra work, value engineering, or cost increases under 13.7/13.8 change the numbers in the Statement and IPC.
If a Variation isn’t valued, payment can be delayed!
Plant & Materials (Clause 14.5)
If you’ve delivered (but not installed) major materials or plant, Clause 14.5 sets the rules for payment (proof, guarantees).
Usually up to 80% value is added to the IPC under 14.3.
Claims (Clause 20)
Financial results of approved claims are processed via the IPC mechanism—showing up in the next Clause 14.3 Statement and certified under 14.6.
Deadlines & Rights (14.7/14.8/16)
14.7: Sets Employer’s deadline for payment after IPC certified.
14.8: If late, Contractor earns financing charges.
16: Persistent non-payment or non-certification lets the Contractor suspend or terminate.
Retention Money (Clause 14.9)
Retention percentage is deducted in each Statement and IPC, building up a “security fund”. Its release later (per 14.9) is a separate process.
Progress Reports (4.20/4.21)
Must be included with every Statement (14.3). The Engineer relies on this to verify work and value before certifying payment (14.6).
Engineer’s Role (3/3.7)
3.2: Confirms the Engineer’s authority for certification.
3.7 (2017): Outlines the process for agreement/determination—crucial when Contractor and Engineer don’t agree on an IPC amount.
What If Scenarios? 🔍
Click on each scenario to reveal the outcome (with clause numbers and practical implications).
The Engineer’s 28-day clock to issue the IPC (Clause 14.6) starts from when the late Statement is actually received, not from the original due date.
Result: Payment to Contractor is delayed by those 10 days.
Procedure is less clear. The Contractor may need to challenge via correspondence, and if unresolved, it could escalate to a Dispute under Clause 20.
2017 Outcome:
The Engineer must provide specific reasons (Clause 14.6.1).
Contractor then identifies the shortfall in the next Statement. If still unresolved, they may refer it to the Engineer under Clause 3.7 (Clause 14.6.3) for a formal determination.
2017 = Clearer and fairer challenge path!
Contractor becomes entitled to financing charges under Clause 14.8.
If the delay persists, it can be grounds for suspension (Clause 16.1) or even termination (Clause 16.2) by the Contractor.
The contract gives the Contractor powerful remedies!
Before Taking-Over, the Engineer is not obliged to issue the IPC (Clause 14.6 / 14.6.2). The amount will likely roll over into the next payment cycle.
No “micro-payments” — helps reduce admin for small sums.
Suggestions for Clarity & Improvement 🌫️➡️☀️
How to avoid grey areas in interim payments—use proactive contract language!
“Supporting Documents” (Clause 14.3): What’s really needed?
“In addition to the requirements of Sub-Clause 14.3, the supporting documents accompanying each Statement shall include, as a minimum:
- Detailed measurement sheets based on [mention specific standard, e.g., IS 1200 Parts 1-28 for India, or another agreed standard] for all work claimed under sub-paragraph (i);
- Copies of invoices for major Materials and Plant claimed under sub-paragraph (v) but not yet incorporated;
- Relevant sections of the updated Programme showing progress against activities claimed; and
- [Any other project-specific requirement, e.g., updated quality assurance records].
Avoiding Ambiguity: “Acceptable Form” & “Fairness” in Interim Payments 📝⚖️
Pinpointing potential grey areas—and how to draft them out of your contract language.
Define the format up front in the Particular Conditions (PCs).
Amend Sub-Clause 14.3(a) to read:
“(a) be in the format set out in [Specify location, e.g., Annex [Y] to these Particular Conditions or Employer’s Requirements Volume Z, Section X];”
Don’t try to define ‘fairness’ in the PCs. Instead, ensure robust, transparent challenge mechanisms (which FIDIC 2017 provides via Clause 3.7 and 14.6.3).
Drafting Out Grey Areas: Timeline & Frequency ⏱️📅
Fine-tune your contract language to make payment timing fair, certain, and project-appropriate.
Clause 14.6: Does the 28-day clock stop for extra info?
-
Option 1 (Pro-Contractor):
EXAMPLE PC 1:
“If the Engineer requests additional supporting particulars after receiving the Statement, the period of 28 days for issuing the IPC shall be calculated from the date the Engineer receives such additional particulars, provided the Engineer’s request was made within 7 days of receiving the initial Statement.” -
Option 2 (Emphasis on Complete Submission):
EXAMPLE PC 2:
“The period of 28 days for issuing the IPC shall not be extended if the Engineer requests additional supporting particulars, unless such request arises from a failure by the Contractor to provide the minimum supporting documents specified under Sub-Clause 14.3 [as amended by PC, if applicable].”
Is monthly always right?
“The Contractor shall submit a Statement to the Engineer at the intervals stated in the Contract Data [or specify e.g., ‘within 7 days of achieving each Milestone defined in…’], in place of the monthly submissions stated in Sub-Clause 14.3. Each Statement shall be prepared and submitted in accordance with Sub-Clause 14.3.”
Key Principles Recap 🛠️
Keep these core guidelines front and center when drafting Particular Conditions for interim payments.
Final Takeaways 🔄
The interim payment cycle is the heartbeat of a FIDIC contract. Here’s what matters most:
Engineers: fair, professional, and prompt certification.
Employers: timely payment.
Open communication solves issues early.
Sequence of Operations involving Clause 14.3 and Clause 14.6:
Sequence of Operations: Clauses 14.3 & 14.6 ⏩
How interim payments flow—step by step.
- Calculate estimated value of Works and any completed design/Documents.
- Include any adjustments (Variations, cost changes: Clause 13).
- Deduct Retention Money (Clause 14.9), and repayments for Advance Payment (Clause 14.2).
- Add value for Plant/Materials delivered (but not yet installed) (Clause 14.5).
- Include agreed/determined Claims (Clause 20).
- Gather all supporting documents (measurements, invoices, etc.) and prepare the Progress Report (Clause 4.20/4.21).
Sequence of Operations: Step 3 🧐📜
- Disagreement with the Contractor’s valuation.
- Withholding for defective work or unmet obligations (Clause 14.6 / 14.6.2).
- Correcting errors from previous certificates (Clause 14.6 / 14.6.3).
Sequence of Operations: Step 4 🏦➡️🤝
Sequence of Operations: Step 5 🔄⚠️
Continued failure is serious and can trigger Clause 16 (suspension or even termination).
2017: Use Clause 14.6.3: Contractor identifies disputed amount in next Statement. If not corrected in the following IPC, escalate to the Engineer for a formal determination under Clause 3.7.
Contractor’s Interim Payment Application Checklist ✔️
(Based on Clause 14.3) — Use this checklist before submitting each Statement.
Engineer’s IPC Issuance Checklist 📝✔️
(Based on Clause 14.6) — Use this for each IPC review and issuance.
Employer’s Payment Action Checklist 🏦✔️
(Based on Clause 14.7) — Steps to complete after each IPC is issued.
Sample Letter: Contractor Submitting Monthly Statement
Sample Letter: Engineer Issuing Interim Payment Certificate
Sample Letter: Engineer Issuing IPC with Withheld Amounts
Sample Letter: Contractor Expressing Dissatisfaction with Certified Amount
Sample Letter: Contractor Notifying Employer of Late Payment
