Understanding Clause 7.2 Samples in FIDIC Yellow Book 1999

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🎯 Dialling-in on the Purpose of Clause 7.2 – “Samples”

🧵
Imagine you’re about to order a bespoke suit… Before the tailor cuts expensive fabric, you’d want to feel a swatch, check colour, maybe tug the weave.
Clause 7.2 is the quality-insurance swatch for your entire project.
🏗️
In a design-build project, Clause 7.2 protects everyone from costly surprises. Here’s why it matters, and how each part of the clause delivers:
Why it exists How the clause delivers
🎨 Set a physical quality benchmark Paper specs can be vague (“RAL 7012 grey” is not the same on all surfaces). A signed-off sample is now your concrete, touchable reference standard for every inspection or dispute.
Both editions: Contractor sends “manufacturer’s standard samples … and samples specified in the Contract” at its own cost. Once the Engineer gives “consent” (2017) or finishes “review” (1999), that little off-cut is the yard-stick for all bulk deliveries.
🕑 Synchronise expectations early Approvals-in-miniature avoid costly rejections later—think “fail-fast.”
2017: Puts samples into the Sub-Clause 5.2 workflow with a 21-day deemed-consent clock.
1999: Same pipeline, called “review”; goal is identical.
💸 Protect both wallets when tastes change “Can we try a darker tone?” Extra samples = extra time & money.
The clause: Additional samples instructed by the Engineer are a Variation (Clause 13)—triggering time-and-cost adjustments. No ambiguity.
🏷️ Maintain airtight traceability Megaprojects can juggle 40 tile types from 12 countries.
Both books: Every sample must be “labelled as to origin and intended use in the Works,” making it easy to match the right batch to the right place.
🔬 Support downstream testing & enforcement The approved sample is your “control.” If later batches differ, the Engineer invokes Clauses 7.3 Inspection or 7.5 Rejection.
Clause 7.2 is parked right ahead of those provisions—your “chain of evidence” starts here.
Conversational Take-away:
Think of Clause 7.2 as the contract’s “Pinterest board” of approved looks—except it’s legally binding and can trigger real costs!

  • Gets everyone’s eyeballs on real materials early, avoiding “I didn’t know!” later.
  • Gives the Contractor a shield—extra samples? Sure, but that’s a Variation (Clause 13).
  • Hands the Engineer a sword—if supply diverges, out comes the sample for a side-by-side check.
🚚
Tip: Slot sample production and shipping right at the top of your procurement timeline. A week spent on a tiny sample can save months of painful re-work later!
Food for thought: If the Engineer never responds within the 5.2 review window, can the Contractor order the full batch and stay on programme?
(Spoiler: Under 2017—yes, deemed consent!)
  • Engineer claims sample wasn’t representative?
    Ensure labels, photos, and documentation—plus written consent—are all kept for reference.
  • Late sample approvals holding up work?
    Under 2017, the 21-day deemed-consent rule can help contractors keep moving!
  • Cost of extra samples—who pays?
    If Engineer asks for more, it’s a Variation (Clause 13)—Contractor is entitled to time and cost adjustment.

🧩 Connecting the Dots: Clause 7.2 “Samples” ↔ Technical Standards & Building Codes

Imagine every standard, test method and building code as the recipe book for your project.
Clause 5.4 “Technical Standards and Regulations” says the Works must be baked exactly to that recipe—using the country’s technical standards, building, construction and environmental laws, and other standards specified in the Employer’s Requirements.
🧁
But how does the Engineer taste-test the cake before it’s baked at full scale? That’s where Clause 7.2 steps in: The Contractor must deliver labelled, representative samples (and any extra ones “instructed by the Engineer as a Variation”). Those swatches, cubes and mock-ups are the bridge between the paper rules in 5.4 and the physical reality on site.
📚 Specs & Codes Land in Employer’s Requirements via 5.4
(e.g., ACI 318, IEC 60364, ISO 12944)
📦 Samples (7.2) Contractor submits labelled, code-tagged samples via the 5.2 pipeline
(21-day “deemed consent” in 2017 Book)
✅ Engineer’s Consent Each sample becomes benchmark for 7.3 Inspection & 7.4 Testing
🛠️ Variations (13) Extra samples? Engineer’s order is a Variation (Clause 13). Contractor gets time/cost adjustment.
🚫 Rejection (7.5) Bulk deliveries drifting from approved samples can be rejected—no arguments, the swatch settles it.
Expanded “Show-and-Tell” Menu 🖼️
Code Family Typical 7.2 Sample Compliance Check (Engineer’s Lens)
Concrete – ASTM C39 / ACI 318 150 mm cube set + mix sheet ≥ design f’c; certified lab stamp
Rebar – BS 4449 / EN 10080 1 m bar with heat-number tag Yield, elongation, rib geometry
Structural steel – EN 10025 Mill coupon + 3.1 cert Charpy at -20°C; grade S355
Welds – AWS D1.1 Macro-etched weld coupon Fusion line, throat size, defects
Fire stopping – IBC §714 / UL-1479 Intumescent seal mock-up 2 h rating on through-wall test
HVAC ducting – SMACNA 300 mm duct section Gauge, seam type, leakage class
Paint & coatings – ISO 12944 Coated plate (50 µm dft) Dry-film thickness, gloss, salt-spray
Low-VOC finishes – LEED v4 250 ml paint can + SDS VOC ≤ 50 g/L; ecolabel proof
Cable – IEC 60364 1 m LV cable CPR fire class, conductor size
Timber – FSC / EN 14080 300 mm glulam block FSC chain-of-custody; moisture 12%
Each sample must arrive “labelled as to origin and intended use”—a deceptively powerful line in both books that shuts down mix-ups later.

🧵 The “Paper-to-Site” Clause-Chain — How a Dry Standard Becomes Concrete Reality

Grab your site boots and a coffee ☕—we’re walking the life-cycle of a code requirement through the FIDIC Yellow Book, one clause at a time. Each step is a link in a compliance chain; break the link and quality, time ⏱️ or money 💸 are at risk.
📚 Link 1: 5.4 Technical Standards Where the rules live.
This is the bookshelf: Eurocodes, ASTM specs, laws, Employer’s special rules.
Both editions: Design and finished Works “shall comply with the Country’s technical standards, building, construction and environmental Laws… and other standards specified in the Employer’s Requirements.”
More on Clause 5.4
📑 Link 2: 5.2 Contractor’s Docs Turning rules into drawings & data sheets.
Before steel is cut, the Contractor’s calcs, BIM, mix designs, and certificates run the “Review/No-Objection” conveyor belt.
2017: Engineer gets 21 days; silence = deemed “No-objection.”
Think: airport security for documents.
More on Clause 5.2
🎨 Link 3: 7.2 Samples Paper meets physical world.
Swatches, rebar coupons, or mock-ups arrive—clearly labelled.
Engineer consents or not. Extra samples? They’re a Variation.
The sample is the contract’s DNA strand.
More on Clause 7.2
👁️ Link 4: 7.3 Inspection The on-site eyesight test.
Employer’s team can inspect any time. Contractor must allow access.
“Show me” moment—no surprises buried behind drywall.
More on Clause 7.3
🧪 Link 5: 7.4 Testing Lab goggles on!
Contractor runs all tests, Engineer can vary test details.
Employer-caused? Contractor claims EOT/cost.
More on Clause 7.4
Link 6: 7.5 Defects & Rejection Pass ✅ or fail ❌.
Failed items must be fixed or are rejected—costs can be deducted.
Project’s quality bouncer: “Not on the guest list? You’re out.”
💸 Link 7: 13 Variations Money & time catch-up.
New standards or extra samples/tests? These become Variations—triggering price/time adjustment.
More on Clause 13
📝 Link 8: 20 Claims & EOT The formal scoreboard.
Any delay/cost from above? Contractor files a claim within 20 days.
Paperwork = open chequebook.
More on Clause 20
🎓 Link 9: 9 Tests on Completion The end-of-season finale!
The Works face final trials. Fails return to 7.5; passes unlock Taking-Over.
The exam where every earlier link proves its worth.
More on Clause 9
Why This Chain Matters:
Miss Link 2? You build off an unapproved drawing—costly rework.
Skip Link 3? No quality baseline—arguments explode.
Ignore Link 6? Sub-par materials slip through—defects, claims, drama.

Keeping the chain tight means audit-ready evidence, fewer disputes, smoother cash flow, and a project that actually meets the law—not just the tender spec.

🔑 Key Interpretations & Implications — The “What Does It Really Mean?” Edition

Grab a coffee and let’s unpack the fine print behind Clause 7.2 “Samples.” ☕✨
This is the backstage tour that explains why those tiny material swatches can move millions of dollars and weeks on the programme.
Both editions say the Engineer may ask for “additional samples.”
1999 hints these are Variations (“instructed by the Engineer as a Variation”).
2017 shouts it—on its own line and cross-linked to Clause 13.
Practical upshot: As soon as the Engineer requests more, the Contractor’s claim clock starts. Smart contractors file a 20-day claim notice (Clause 20) the same day!
2017: Every sample runs through the Clause 5.2 review pipeline — 21-day deemed consent. If the Engineer stays silent, sample is “approved by silence.”
1999: Leaves timing vague (“reasonable time”).
Why it matters: Predictable turnaround is gold for procurement. Under 2017, silence = approval.
Risk Default Holder Escape Valve
Producing contract-required samples Contractor (already priced) None
Engineer’s extra “just-curious” samples Employer via Variation N/A
Delay from late sample approval Employer/Engineer → Contractor entitled to EOT & Cost under 8.5/8.4 + 20 Keep meticulous records!
Each sample must be “labelled as to origin and intended use.” This is a powerful forensic tool. When the delivered materials differ, the Engineer simply says, “Match this or replace.”
No long arguments about RAL codes—just visual truth.
A slipped approval on a critical-path sample can ripple through manufacturing, shipping, and crane time.
2017: Links to 5.2 clock for clear Extension of Time.
1999: Must prove the Engineer was unreasonable—often a time drain.
Approved samples are Exhibit A in disputes—anchor for 7.5 Rejection or 11.2 Cost of Remedying Defects.
Store them securely—ideally in a locked sample library, plus hi-res cloud photos!
Many contracts now allow digital samples—textures in BIM or 4K scans.
Tip: Amend Clause 7.2 in your Particular Conditions to accept approved BIM/digital samples (e.g., IFC or .rvt files) as fully valid.
  • Front-load the schedule with a “sample tracker” tied to procurement Gantt.
  • Bundle claims: if extra samples hit lead times, claim Variation + EOT in the same notice.
  • Label smart: QR code tags linking to an online sample database. One scan ends debates.
  • Educate the site team: No installation until the sample is fully approved and logged!
For maximum claims protection, treat samples as both a risk and an opportunity: log approvals, take timestamped photos, and build a “sample library” your future self (and your lawyer) will thank you for!

🛠️ Super-Charging Your Particular Conditions for Clause 7.2 “Samples”

Ready to turn the “little-swatches” clause into a crystal-clear, dispute-proof powerhouse? Grab your hard hat and let’s workshop practical tweaks you can bolt into the Particular Conditions—while staying true to the FIDIC Golden Principles. 🏗️✨
1️⃣
⏱️Lock-in a Rock-Solid Approval Clock
Set a 14 or 21-day clock. Add deemed-consent: “No reply = consent.”
It syncs procurement with programme dates and stops scope-creep delays—no more “waiting forever” for approval.
2️⃣
📅Build a “Samples Schedule” Into the Programme
List every required sample, submission deadline, lead-time buffer, and critical path impact.
Treats sample approval as a true milestone, not an afterthought—less chance for late shocks.
3️⃣
🔍Define Exactly What Counts as a Sample
Micro-definitions: swatch, mock-up, panel, digital texture, etc. Set size/format rules.
Removes “is this a sample?” arguments—everyone knows what’s expected.
4️⃣
💻Embrace Digital: BIM & Hi-Res “E-Samples”
Allow IFC/Revit files or 4K scans first, physical if needed. Label digital samples with BIM hash codes.
Slashes shipping time and carbon. One-click matching between model and reality.
5️⃣
🏷️QR-Code Traceability & Site “Sample Library”
QR-codes link to online approvals/photos. Lockable site box for physical samples.
Instant traceability kills most disputes. Library box keeps critical swatches safe, clean and accessible.
6️⃣
💸Extra Samples = Automatic Clause 13 Variation
Explicit: “Engineer-requested sample not in ER = Variation + cost + EOT + mark-up.”
Removes haggling, sets expectations up front—costs and time get tracked automatically.
7️⃣
📦Storage, Return & Disposal Rules
State who pays, where samples go after—returned, archived, recycled?
No wrangling over storage costs or “who keeps the samples” at project end.
8️⃣
🌱Sustainability & ESG Filters
Require an EPD or circular-economy scorecard with each sample.
Boosts green credentials and makes approval conditional on sustainability—not just looks.
9️⃣
⚠️Safety & Handling Mini-Clause
Cross-link to Clause 4.8: require data sheets and PPE for any hazardous sample.
Prevents site injuries and regulatory headaches during sample handling.
🔟
📂Dispute-Ready Documentation
Mandate a jointly signed Sample Approval Register + QR log; state it’s “conclusive evidence.”
No more “he-said-she-said” arguments—signed logs are gold in claims and disputes.
1️⃣1️⃣
🚦Early-Warning Triggers
Contractor must flag if sample approval is drifting toward critical path (e.g., 7 days pre-impact).
Gives the Engineer time to speed up reviews—keeps the programme on track and avoids surprises.
Pro Tip: The best Particular Conditions aren’t just “lawyer-proof”—they’re site-ready. Workshop these tweaks with your whole delivery team for a clause that works in the real world, not just on paper!

🔄 Sample Approval Flowchart: From Contract to Completion

🔗 View Full-Size Flowchart Clause 7.2 Sample Approval Process Flowchart
Visual: The journey of a sample through review, approval, resubmission, and variation in FIDIC Clause 7.2
1
🚦Start
Project begins; contract requires samples for certain materials or workmanship.
2
🛠️Contractor Prepares Samples
Contractor readies required samples per contract specs and Employer’s Requirements.
3
🏷️Label Samples
Each sample must be labeled with its origin and intended use (Clause 7.2).
4
📤Submit Samples to Engineer
Labeled samples go to the Engineer for review and approval.
5
🔎Engineer’s Review
Decision node:
  • Approved: Proceed with Work.
  • Rejected: Contractor must resubmit improved sample.
  • Additional Samples: If Engineer wants more, triggers a Variation.
6
Proceed with Work
With approval, Contractor proceeds per programme and specs.
7
🔄Resubmit Samples (if Rejected)
Rejected samples must be improved and resubmitted—loop continues until approval.
8
💸Variation: Additional Samples
Engineer-requested extra samples are a Variation—Contractor is entitled to cost/time adjustment.
9
📝Adjust Contract Price & Completion Date
Variation may require revising the contract price or extending the completion date.
10
🏁Completion of Work
Work is completed after all samples are approved and any variations are resolved.

🔍 Clause 7.2 “Samples” – Practical Checklists

Ready-to-use checklists for project kick-off packs or quality plans.
Tick ✔️ each task as you go for true “audit-readiness.”
# Task Who owns it? Source / Ref.
1Extract every sample expressly required in the Employer’s Requirements (ERs)Contractor QS / QAERs + Clause 7.2 (a)
2List additional samples implied by codes via Clause 5.4 (e.g., fire-test panels)Contractor Design LeadCodes register
3Schedule production lead times in the 8.3 ProgrammePlannerProg. rev. A
4Physically prepare samples to match final‐production process (no lab “specials”)Trade Sub-contractorITP-001
5Label each sample with origin, intended use, code reference & QR link to certsSite QALabelling SOP
6Photograph each sample for the digital log before submissionDoc‐ControlDC-Checklist
# Task Who owns it? Source / Ref.
1Compile transmittal pack: sample, test certs, SDS, BIM material file (if used)Doc-ControlTransmittal TMP-07
2Submit via Clause 5.2 workflow; start the 21-day stopwatch (2017) / agreed days (PCs)ContractorCDR Portal
3Log submission & due date in the “Sample Tracker” registerPlanning Eng.Tracker v2
4Engineer acknowledges receipt within 2 working daysEngineerInbox ack.
5Engineer issues Consent / Comments / Rejection within review windowEngineerReview form
6If silent on day 21, deem consent (per 5.2) and notify EmployerContractorNCR-DC-02
# Task Who owns it? Source / Ref.
1Record any Engineer request for extra samples as a potential VariationProject ManagerClause 7.2 (b)
2Issue 20-day notice under Clause 20 for cost/time impactContractorClaim N-07
3Agree Variation scope & valuation under Clause 13QS + EngineerVO-File
4Update programme & cash-flow forecasts to include the VariationPlannerRev. B
# Task Who owns it? Source / Ref.
1Store approved samples in a lockable, climate-controlled “Sample Library”Site QAQP §7.2.4
2Scan QR-code on receipt into the digital register; link to consent letterSite QARegister v3
3Restrict installation to materials that match an approved sample & labelForemanToolbox Talk
4During 7.3 inspections, cross-check bulk deliveries against library sampleEngineer Rep.ITP-Stage 2
5Archive superseded samples when standards change (red “Obsolete” tag)Doc-ControlArchive log
6Hand over final sample catalogue to Employer at Take-Over (for FM reference)ContractorHandover Index
Keep this checklist live! Audit-ready, traceable samples = fewer disputes and faster handover.

📝 Clause 7.2 “Samples” — Ready-to-Copy Letter Templates

Six fill-in-the-blanks letters for every scenario under Clause 7.2.
Replace grey ‹…› fields with project specifics. Print on letterhead.
[Contractor’s Letterhead]

Ref.: ‹CTR-L-07.2-001›                       Date: ‹DD MMM YYYY›

To:   The Engineer  
      ‹Engineer’s Company›  
      ‹Address›

Subject: Submission of Samples in Accordance with Clause 7.2(a)

Dear Sir/Madam,

In compliance with **Clause 7.2(a)** and the sample schedule appended to our
Programme (rev. ‹…›), we hereby submit:

▪ Sample No.: ‹S-CUR-001› – Curtain-wall aluminium extrusion  
▪ Intended Use: Curtain-wall mullions – Levels 3–10  
▪ Origin: ‹Supplier›, Batch ‹…›  
▪ Associated Standard: EN 755-9 (per **Clause 5.4**)  
▪ Enclosures: Test certificate, SDS, BIM material file (RVT), photo log

The samples are labelled as required and are available for physical
inspection in the site “Sample Library.”

Kindly issue your **Consent / Comments / Disapproval** within the review
period specified in **Sub-Clause 5.2** (21 days closing ‹DD MMM YYYY›).

Yours faithfully,  
‹Name›  
Project Manager – ‹Contractor›
[Engineer’s Letterhead]

Ref.: ‹ENG-L-07.2-VAR-002›                 Date: ‹DD MMM YYYY›

To:   ‹Contractor›  
      ‹Address›

Subject: Instruction for Additional Samples (Clause 7.2(b)) – Proposed Variation

Dear Sirs,

During the mock-up review on ‹DD MMM YYYY› we noted colour variance in
the façade panels. Pursuant to **Clause 7.2(b)**, you are hereby instructed
to provide three additional full-height panels (1 m × 3 m) for daylight
assessment.

As these samples are **not included** in the Employer’s Requirements,
this instruction shall constitute a **Variation under Clause 13**. Please
submit your proposal for any adjustment to the Contract Price and Time
within 14 days.

Regards,  
‹Name›  
The Engineer
[Contractor’s Letterhead]

Ref.: ‹CTR-N-20-007›                        Date: ‹DD MMM YYYY›

To:   The Engineer

Subject: Notice under Sub-Clause 20.2 – Delay from Late Consent of Samples

Dear Sir/Madam,

We refer to Sample Package SP-04 (fire-rated doors) submitted on
‹DD MMM YYYY›. The review period under **Sub-Clause 5.2** expired on
‹DD MMM YYYY› without a consent or comment. This has delayed
procurement of long-lead doors by ‹…› days, impacting the critical path
activity “Close building envelope.”

In accordance with **Sub-Clause 20.2**, we hereby give notice of our
intention to claim an **EOT and associated Costs**. A fully detailed
claim will follow within 28 days.

Yours faithfully,  
‹Name›  
Contracts Manager
[Contractor’s Letterhead]

Ref.: ‹CTR-CL-07.2-012›                    Date: ‹DD MMM YYYY›

To:   The Engineer

Subject: Detailed Claim – Additional Stone Cladding Samples (Variation VO-04)

Dear Sir/Madam,

Further to your Instruction ENG-L-07.2-VAR-002, please find our claim
summary:

| Item | Qty | Cost (USD) |
|------|-----|------------|
| Quarry extraction & cutting | 3 panels | 4,200 |
| Air freight (3 × 150 kg)   | — | 1,950 |
| Sample stand fabrication   | — |   620 |
| Subtotal                  |   | 6,770 |
| O/H & Profit (10 %)       |   |   677 |
| **Total**                 |   | **7,447** |

Time impact: 7 calendar days (see attached programme fragnet).

We request you to issue a Variation Order under **Clause 13.3** adjusting
both Contract Price and Time accordingly.

Kind regards,  
‹Name›  
Quantity Surveyor
[Contractor’s Letterhead]

Ref.: ‹CTR-L-07.2-CE-015›                 Date: ‹DD MMM YYYY›

To:   The Engineer

Subject: Deemed Consent of Samples – Sub-Clause 5.2(e)

Dear Sir/Madam,

Reference is made to Transmittal T-07.2-11 for glass samples submitted on
‹DD MMM YYYY›. The 21-day review period lapsed on ‹DD MMM YYYY› with no
response. As provided by **Sub-Clause 5.2(e)**, the samples are deemed
to have received your Consent.

We will proceed with bulk procurement in reliance on this deemed consent
unless advised otherwise within 3 days.

Sincerely,  
‹Name›  
Procurement Lead
[Contractor’s Letterhead]

Ref.: ‹CTR-L-07.2-RS-021›                 Date: ‹DD MMM YYYY›

To:   The Engineer

Subject: Resubmission of Modified Sample – Response to Rejection R-07.2-05

Dear Sir/Madam,

Following your rejection dated ‹DD MMM YYYY› citing non-conformity with
ISO 12944 corrosion protection category C5-M, we have re-coated the steel
plate to 320 µm DFT and attached an updated laboratory salt-spray
certificate.

Please find the revised sample (S-STE-014-B) labelled and logged in the
Sample Library. We trust this addresses your concerns and request your
review at your earliest convenience.

Regards,  
‹Name›  
Site QA Engineer

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