Whether you’re flipping through the 1999 or 2017 edition of the FIDIC Yellow Book, Clause 5.6 is your go-to for everything related to as-built documentation. This clause may seem small in size, but its impact on project delivery and close-out is huge. Let’s unpack it thoroughly — the way seasoned professionals would in a project review workshop.
🧭 1️⃣ Purpose of Clause 5.6
So, what’s the whole point of Clause 5.6?
Well, imagine you’re the Employer. You’ve just completed a complex plant or infrastructure project. You’re ready to switch on the system and start operations — but wait! Do you know where every cable runs? What valves are hidden behind walls? Which version of the pump ended up being installed after that last-minute variation? This is where as-built documentation becomes your safety net.
🎯 Real-Life Purpose:
- You need accurate records showing exactly what was built, where, and how — especially if the final construction differed from the original design (and let’s be honest, it always does).
- These records are essential for maintenance, operation, troubleshooting, and any future upgrades or retrofits.
- They also protect you legally and financially. If a defect is found or a claim arises, your first defense is your documentation.
💼 For the Contractor:
As the contractor, you must keep pace with all changes during construction — from design refinements and RFIs to field modifications. The as-built documentation is your proof of performance and your tool to avoid disputes.
And let’s not forget: timely, detailed, and compliant as-built records are often a prerequisite for final payment.
📜 Evolution from 1999 ➡️ 2017
The 1999 version of Clause 5.6 kept things straightforward:
- Submit two copies of as-built drawings to the Engineer prior to Tests on Completion.
But in the 2017 edition, FIDIC significantly enhances this clause to reflect:
- 📁 The digital transformation of documentation practices.
- 📅 The increasing need for updated records at multiple milestones.
- 💾 Employer-driven expectations for structured data and document control systems.
The 2017 clause brings clarity on timing, format, and responsibility — linking as-built records not just to Taking-Over but also to the Performance Certificate. It becomes a live, evolving requirement — not a one-time handover.
🧱 2️⃣ Breakdown of Clause 5.6 – Side by Side
Let’s zoom in on the actual text and extract the key obligations.
🔵 FIDIC 1999 – “As-Built Documents”
Exact wording from Clause 5.6 (1999):
“Prior to the issue of any Taking-Over Certificate, the Contractor shall supply to the Engineer two copies of the ‘as-built’ drawings, showing all Works as executed. The Works shall not be considered to be completed for the purposes of taking-over under Sub-Clause 10.1 [Taking Over of the Works and Sections] until the ‘as-built’ drawings have been submitted to the Engineer.”
Explanation:
- Submission is tied directly to the Taking-Over Certificate.
- The drawings must reflect the Works as actually executed, not just the original design.
- The clause only calls for two copies — indicating physical submission.
- The Contractor’s failure to submit renders the Works incomplete.
It’s concise and clear — but leaves a lot open, especially around quality standards, format, or post-Taking Over updates.
🟢 FIDIC 2017 – “As-Built Records”
Exact wording from Clause 5.6 (2017):
“The Contractor shall keep, on the Site, detailed records of the ‘as-built’ status of the Works. These records shall be kept in such a format and reference system, and in such media, as stated in the Employer’s Requirements or as instructed by the Engineer. Before the commencement of the Tests on Completion, the Contractor shall submit as-built records to the Engineer. If any additional work is undertaken after the date of the Taking-Over Certificate, the Contractor shall submit updated as-built records before the date of the Performance Certificate.”
Explanation:
- As-built records must be kept on-site throughout the project — not just compiled at the end.
- Format, reference system, and storage media must conform to the Employer’s Requirements — or the Engineer’s instructions.
- Three key stages are emphasized:
- Ongoing on-site maintenance of records.
- Submission prior to Tests on Completion.
- Final updates after Taking-Over and before the Performance Certificate.
- This adds structure and accountability — and introduces digital deliverables as a default.
The takeaway? It’s not just about drawings anymore. Think databases, models, and searchable formats.
🔍 3️⃣ Key Interpretations and Practical Implications
Let’s explore what these requirements mean in day-to-day project delivery.
✅ For the Employer:
- As-built records become part of the handover toolkit — enabling smooth transition to operations.
- You get more than just paper — you get data that helps reduce downtime, optimize preventive maintenance, and even manage future contractors.
- You’re also empowered to hold payments or withhold certificates if the records are missing or inadequate.
🚨 For the Contractor:
- This is a contractual obligation with real consequences — financially and reputationally.
- It affects your Taking-Over milestone (Clause 10.1) and final closure (Clause 11.9).
- Poor documentation? That could delay project closure, trigger back-charges, or put you in breach.
- Pro tip: assign a dedicated team or tool to track all field changes, RFIs, shop drawings, and redlines — and ensure they’re captured in the as-built set.
🔗 4️⃣ Clause Cross-Connections – Who’s Talking to Who?
Here’s how Clause 5.6 ties into the broader FIDIC structure:
| Clause | Why It Matters |
|---|---|
| Clause 5.2.2 | The Engineer can review and reject as-built records. They must meet contractual and technical standards. |
| Clause 10.1 | No Taking-Over Certificate until as-built documentation is in. That’s a direct link to completion status. |
| Clause 11.9 | The Performance Certificate hinges on updated as-builts, especially after post-handover work. |
| Clause 1.8 | Controls number of copies, delivery format, and access — key for submission planning. |
This network of dependencies highlights the integrated nature of document control.
🤔 5️⃣ What If Scenarios – Let’s Get Hypothetical
❓ What if the Contractor only submits a partial set of as-built drawings before the Taking-Over Certificate?
The Engineer can issue a non-acceptance, legally delaying Taking-Over. This could also ripple into delay damages or disrupt commissioning.
❓ What if changes happen after Taking-Over, and the Contractor doesn’t update the as-built records?
Under the 2017 edition, you’re exposed. The Engineer may withhold the Performance Certificate, meaning you’re stuck in commercial limbo — no final release, no formal project closure.
❓ What if the as-built records are inconsistent with actual conditions discovered later?
A classic trigger for disputes. The Employer could argue non-compliance, which might void certain warranties or insurance coverages. It could even form the basis of a claim under Clause 11.1.
💡 6️⃣ Suggestions for Better Clarity (Pro Tips)
🧭 Define Deliverables in Detail
- In the Employer’s Requirements, clearly state:
- Drawing scales, layers, file types (e.g., DWG, PDF, IFC).
- Level of detail (LoD) expectations.
- Metadata required — like material specs or supplier codes.
💬 Clarify “Acceptable to the Engineer”
- Consider a review checklist or pre-agreed acceptance criteria.
- Include sample templates in the tender documents.
📅 Set Realistic Timeframes
- Suggest clear deadlines post-Taking Over: “Updated as-built records shall be submitted within 28 days of each variation completion or within 14 days post-final commissioning.”
This helps avoid last-minute scrambles and keeps closure on track.
🧾 7️⃣ Final Takeaways – Let’s Wrap It Up!
| ✍️ Version | 🧠 Summary |
|---|---|
| 1999 | Basic and physical. Two hard copies before testing. Compliance tied to Taking-Over only. |
| 2017 | Structured, digital-first, continuous process. Submission linked to both Taking-Over and Performance Certificate. |
🎯 Bottom Line:
Clause 5.6 isn’t just about drawings — it’s about delivering transparency, traceability, and trust. It’s a documentation handshake at every stage of the contract. If you’re managing a project under the 2017 edition, make sure your systems are digital, your timelines are clear, and your team knows that as-built isn’t an afterthought — it’s a critical milestone.
📨 Sample Letters Related to Clause 5.6
📄 Sample Letter 1: Submission of Initial As-Built Records (Pre-Tests on Completion)
To: The Engineer
Subject: Submission of As-Built Records Prior to Tests on Completion
Date: [Insert Date]
Dear [Engineer’s Name],
In accordance with Sub-Clause 5.6 of the FIDIC Conditions of Contract [specify edition], please find enclosed the initial set of as-built records reflecting the Works executed to date. These are submitted prior to the commencement of the Tests on Completion as required.
The records have been prepared in accordance with the Employer’s Requirements and formatted per your previous instructions.
Please acknowledge receipt and advise if further revisions or clarifications are required.
Sincerely,
[Contractor’s Representative Name]
[Company Name]
📄 Sample Letter 2: Final As-Built Submission Post-Taking Over
To: The Engineer
Subject: Submission of Final As-Built Records Prior to Performance Certificate
Date: [Insert Date]
Dear [Engineer’s Name],
Further to the Taking-Over Certificate issued on [insert date], we enclose the updated final version of the as-built records pursuant to Sub-Clause 5.6 of the FIDIC [insert edition] Conditions of Contract.
These documents include revisions arising from post-handover works and are intended to satisfy the documentary requirements for the issuance of the Performance Certificate.
Kindly review and confirm acceptance at your earliest convenience.
Yours sincerely,
[Contractor’s Representative Name]
[Company Name]
📄 Sample Letter 3: Request for Extension of Time to Finalize As-Built Records
To: The Engineer
Subject: Request for Extension – Final As-Built Documentation
Date: [Insert Date]
Dear [Engineer’s Name],
Due to the ongoing completion of additional variation works and incorporation of updated survey data, we kindly request an extension of time of [insert number of days] to submit the final as-built documentation required under Clause 5.6.
We anticipate completion by [insert revised date] and assure that this will not impact the performance of the Works or delay any related project milestones.
We appreciate your understanding and await your confirmation.
Best regards,
[Contractor’s Representative Name]
[Company Name]
✅ 📋 As-Built Documentation Checklist (FIDIC 1999 & 2017)
| Item | Description | Reference Clause | Completed |
|---|---|---|---|
| 1 | Maintain up-to-date as-built records on Site throughout the Works | 2017: Clause 5.6 (first sentence) | ☐ |
| 2 | Ensure format, reference system, and media meet Employer’s Requirements or Engineer’s instructions | 2017: Clause 5.6 (second sentence) | ☐ |
| 3 | Submit initial as-built records before commencement of Tests on Completion | 2017: Clause 5.6 (third sentence) | ☐ |
| 4 | Submit updated as-built records if additional work occurs post-Taking Over | 2017: Clause 5.6 (fourth sentence) | ☐ |
| 5 | Submit final as-built records before the date of the Performance Certificate | 2017: Clause 5.6 | ☐ |
| 6 | Submit two hard copies of as-built drawings to Engineer prior to Taking-Over | 1999: Clause 5.6 | ☐ |
| 7 | Ensure as-built drawings show the Works as executed (accurate final conditions) | 1999 & 2017 | ☐ |
| 8 | Secure Engineer’s review and acceptance under Clause 5.2.2 | 2017: Clause 5.2.2 | ☐ |
| 9 | Verify linkage to Taking-Over Certificate issuance | 1999: Clause 10.1 | ☐ |
| 10 | Confirm final updates are complete for issuance of Performance Certificate | 2017: Clause 11.9 | ☐ |
This checklist is a living tool for project managers, document controllers, and engineers to track as-built deliverables against contract requirements.
Absolutely! Let’s expand and make this engaging — like we’re sitting across from each other in a project meeting, diving deep into what Clause 5.6 is all about.