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O&M in FIDIC Yellow Book: How PCC Makes It Work

O&M in FIDIC Yellow Book

O&M in FIDIC Yellow Book

Wisdom Waves Hub • Contract Drafting Widget
Last updated: 28 Jan 2026 • ~8–10 min read
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O&M in FIDIC Yellow Book: How PCC Makes It Work

Ever had a client say this with a straight face?

“We want an EPC contract… but also make the same contractor run the facility for 7 years.”

Sounds simple. Until you open the standard FIDIC Yellow Book (EPC/Turnkey) and realize it’s built mainly for design + build + testing + defects—not long-term operations.

Featured snippet (quick answer)

To include long-term O&M in a FIDIC Yellow Book contract, add a dedicated O&M “service layer” in the Particular Conditions (PCC)—typically a new Clause 22—supported by clear definitions, a monthly payment certification process (e.g., a new Sub-Clause 14.17), KPI deductions, and a handback / certification mechanism—while keeping defects under Clause 11.

Rule of thumb: Defects ≠ Service

A quick intro: the kind of project we’re talking about

This post is based on a prominent public infrastructure project in Gujarat—the kind that must operate safely, consistently, and at event-level performance standards.

Think MEP-heavy, high-footfall, and high public-safety exposure (water systems, HVAC, electrical, BMS, fire & life safety, and strict statutory compliance). In projects like these, O&M is not a “nice-to-have”—it’s what keeps the asset alive.

  • Include multi-year O&M inside the contract, not just in a technical narrative.
  • Make it measurable, payable, and enforceable (every month, not only at handover).
  • Evaluate O&M upfront—bidders submit an O&M Strategy at bid stage.

Visual map: requirement → where we placed it in the contract

This is the “client-friendly proof” that O&M is not just an ER sentence — it’s a complete, workable contract mechanism.

Need → Clause → Reason
Client requirement becomes a clause/admin mechanism so the Engineer can measure + certify + enforce
“7-year O&M”
A service obligation
PCC Clause 22
Scope + governance
14.17 + KPIs
Monthly certifiable payments
What the client wanted Where we made it contractual Why it matters
O&M is part of the Contract PCC Clause 22 (New O&M Service clause)
Service needs its own governance, not loose ER wording.
O&M starts cleanly Definitions: Service Commencement Date = Taking-Over date
Eliminates “responsibility gaps” after handover.
O&M is measurable KPI Schedule + deductions (Clause 22 + payment clause)
Makes performance enforceable, not subjective.
Monthly payment is controlled Sub-Clause 14.17 (Monthly statement + certificate)
Prevents monthly payment disputes.
Defects don’t get mixed into fee 14.17(d) (Service fee ≠ defect cost)
Stops “O&M fee includes defects” arguments.
O&M is planned, not improvised Sub-Clause 8.3 (Programme additions)
Ensures staffing/mobilization and handback planning.
Handover includes useful data ER deliverables (LOD 500/as-builts, manuals, training, asset info)
You can’t maintain what you can’t understand.
Client-friendly line you can literally say:
“We didn’t just add O&M. We built a service governance + measurement + monthly payment engine that runs for 7 years, while keeping defects cleanly under Clause 11.”

Step-by-step: how we made O&M ‘work’ inside Yellow Book

These are the exact moves that convert a vague instruction (“provide O&M for 7 years”) into something the Engineer can administer without weekly arguments.

Step 1: Define O&M properly

First, we built a mini “O&M dictionary” in the PCC definitions:

  • O&M Service (what the contractor must do)
  • O&M Management Requirements (the controlling service standard)
  • O&M Period (start/end)
  • Service Fee (what’s paid for service)
  • KPI Schedule (what gets measured)
  • Handback Requirements (what “good condition” means at the end)
Why definitions matter: “Maintain properly” means 10 different things to 10 different people. Definitions force one meaning.
Step 2: Lock the time logic

In this Gujarat project, the commercial intent was:

DNP and O&M are co-terminous (same start, same end), typically 7 years

That’s fine — but only if the contract says clearly:

  • O&M is a service obligation (Clause 22)
  • Defects remain under Clause 11 (defect remedies + notices)
  • Service payments are not defect payments (14.17 / 14.17(d))
Reality: Many contracts fail here by mixing everything into one bucket — then later argue over cost, remedies, and “who pays”.
Step 3: Put real O&M scope in Clause 22

A public infrastructure facility in Gujarat isn’t maintained by good vibes. So Clause 22 scope covers typical operational realities, like:

  • Planned maintenance (preventive + scheduled)
  • Breakdown response (time-bound service actions)
  • Statutory compliance (licenses, checks, records)
  • Operation & maintenance of key plant (MEP backbone)
  • Logs, trend data & performance reporting (evidence-driven service)
Drafting mindset: Write Clause 22 like a facility manager — not like a brochure writer.
Step 4: Make payments certifiable every month

This is where O&M becomes real. We created a monthly cycle (new 14.17):

  • Contractor submits Monthly O&M Statement by the 7th day, with logs + KPI evidence
  • Engineer issues an O&M Payment Certificate within 21 days
  • Certified amount = Service Fee − KPI deductions (± permitted adjustments)
Key clarity sentence:
“Service Fee is only for O&M service; defects remain under Clause 11.”
What this achieves: fewer disputes, better employer protection, and a clear commercial framework for the contractor to deliver service properly.
Step 5: Force O&M planning into the programme

Because service starts at Taking-Over, we pushed O&M into programme requirements (e.g., 8.3 additions):

  • Service commencement milestone (TO date as a hard gate)
  • O&M mobilization & staffing (not “to be arranged later”)
  • Handback preparation milestones (so the end isn’t a mess)
Simple truth: If O&M isn’t in the programme, it becomes a panicked scramble at handover.
Step 6: Align ER deliverables to make O&M possible

ER deliverables are the “tools” the O&M team needs:

  • LOD 500 as-builts + coordinated asset layouts
  • Asset data (tags, capacities, makes, serials, test results)
  • O&M manuals + SOPs
  • Training records + competency sign-offs
  • Warranty documents + spares lists/registers
Why this matters: You can’t maintain what you can’t document — and you can’t operate safely without training and verified asset information.

Mini calculator: “What do we actually pay this month?”

Use this to demonstrate the logic to a client: base monthly fee → KPI score → deductions → payable fee.

Tip: Replace this banding with your project KPI matrix formula.
Payable O&M fee (example output)
₹ 9,80,000

Mini checklist: if you draft O&M in Yellow Book, don’t miss these

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Common PCC drafting mistakes (and the fix)

  • Mistake: “O&M for 7 years” written only in Employer’s Requirements.
    Fix: Put the administration mechanics in PCC (Clause 22 + payment cert + KPIs).
  • Mistake: Mixing defects rectification and service deductions in one bucket.
    Fix: Keep defects under Clause 11; use KPIs for service performance and 14.17 for service certification.
  • Mistake: No clean “end” to O&M (no handback tests, no certification).
    Fix: Define handback requirements + end-of-service tests + service completion certificate.
  • Mistake: Payment clause doesn’t match KPI matrix (the deductions are “manual”).
    Fix: Build a deterministic deduction formula (so certification is objective, not emotional).

Quick PCC “skeleton” you can show a client

Not full clause text—just the headings that prove the contract is “operable”.

PCC insertion What it controls (in real life)
Definitions (Service Completion Date, O&M Period, KPI, Service Report) Stops “interpretation fights” before they start.
New Clause 22 Operation & Maintenance Service Scope, staffing, statutory compliance, reporting, spares, training, step-in, handback.
New Sub-Clause 14.17 Monthly O&M Payment Certificate Monthly fee + KPI deductions + supporting docs + certification timeline.
Programme additions (8.3) for service readiness Mobilization, staffing, service milestones, handback preparation.
Clause 11 stays pure (Defects after Taking-Over) Defects are remedied as defects; service performance is measured as service.

Watch (optional): 7-Year O&M “Gold Book logic” in Yellow Book PCC

These align perfectly with this page: definitions → defects vs service separation → KPI-linked monthly certification → handback.

7-Year O&M Contract: Upgrade FIDIC Yellow Book with Gold Book Logic

🏗️ Build a world-class facility… then operate & maintain it for 7 years — without contractual time-bombs.

  • 📘 Definitions (shared dictionary)
  • 🧱 Separate Defects vs O&M
  • 💰 KPI-linked monthly cycle: data → certification → fee minus deductions 🎯

⏱️ Two clocks start on the same day ⏳⏳, monthly loop 🔁, end with formal handback 🤝

FIDIC Yellow Book में 7-Year O&M | Gold Book वाला Clause 22 Hybrid

Yellow Book में Gold Book-style O&M कैसे “डाला” गया — smart Hybrid: Clause 22.

  • ✅ Hidden time-bombs: start date, defects vs maintenance boundary, roles, handback criteria
  • ✅ Two-Track System: Clause 11 = Defects, Clause 22 = Service (O&M)
  • 💰 Performance-linked payment + monthly reporting + end inspection/testing
Next step

Download the PCC O&M Drafting Checklist (copy-paste into your drafting workflow).

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