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🧠 1️⃣ Purpose of Clause 5.5 [Training]
Okay, so let’s start with the big question: why is training even in the contract?
Well, in design-build projects, especially those involving complex plants or systems, the Employer is going to inherit a shiny new facility. But here’s the kicker: if the Employer’s team doesn’t know how to use it or maintain it properly, it can lead to all sorts of problems—breakdowns, safety issues, poor performance—you name it.
That’s where Clause 5.5 steps in. It’s all about making sure the Contractor doesn’t just deliver the physical asset, but also the know-how to keep it running smoothly. The clause requires the Contractor to train the Employer’s personnel—those who’ll be responsible for day-to-day operations and maintenance.
👥 Who benefits?
- Employer: Gains operational self-sufficiency and reduces long-term risk.
- Contractor: Reduces potential claims for defects caused by improper operation.
- Both Parties: Promotes a smoother transition at Taking Over and limits post-completion conflicts.
📖 2️⃣ Breakdown of Clause 5.5 [Training]
Let’s look at how the clause reads in both editions and unpack the layers.
📘 1999 Edition (Original Flavor)
Here’s the core wording:
“The Contractor shall carry out the training of Employer’s Personnel in the operation and maintenance of the Works to the extent specified in the Employer’s Requirements. If the Contract specifies training which is to be carried out before taking-over, the Works shall not be considered to be completed […] until this training has been completed.”
So, what’s it saying?
- Obligation: The Contractor has to train people, but only if and to the degree that the Employer’s Requirements say so.
- Timing: If the contract says the training has to be finished before Taking Over, that becomes a condition precedent. No training = no Taking-Over Certificate.
🔍 But notice what’s missing?
- No mention of training resources (like instructors or materials).
- No guidance if the Employer’s Requirements are vague or silent.
- No fallback plan if things go off-track.
📙 2017 Edition (New and Improved)
Here’s how FIDIC upgraded the language:
“The Contractor shall carry out training of employees of the Employer (and/or other personnel identified in the Employer’s Requirements) […] If the Employer’s Requirements specify training which is to be carried out before taking over, the Works shall not be considered to be completed […] until this training has been completed […] The Contractor shall provide qualified and experienced training staff, training facilities and all training materials as necessary.”
Let’s break that down:
🔧 What’s new?
- Broadens the scope: not just “Employer’s Personnel” but anyone listed in the Employer’s Requirements.
- Adds clarity: if the timing of training isn’t specified, it should be done when acceptable to the Employer.
- Adds substance: training now includes instructors, materials, and facilities—no more assumptions!
📌 In short, the 2017 edition puts more flesh on the bones. It anticipates practical needs and gives both sides a clearer map of what’s expected.
⚖️ 3️⃣ Key Interpretations and Implications
Here’s where things get juicy. Let’s interpret what the clause means in the real world:
✅ Training is not a “nice to have”—it can be a gatekeeper.
If training is specified as a precondition to Taking Over, then no training = no certificate. This delays revenue generation, warranty periods, and final payments.
📌 Scope must be clear—or it’s a minefield.
The Employer’s Requirements need to say who gets trained, on what, when, and how long. If it’s vague, the parties could argue about what “sufficient” training means. (Trust me—it happens!)
🚨 Risk to the Contractor:
If training isn’t done properly or on time:
- They could be liable for delays.
- The Employer could claim the asset was misused because they weren’t trained well.
- It may even delay Final Payment or issuance of Performance Certificate.
🔗 4️⃣ Cross-References You Should Know
✅ Clause 10.1 [Taking Over the Works and Sections]
- Both 1999 and 2017 editions clearly tie training (when required before taking over) to the issuance of the Taking-Over Certificate.
- If training is not completed (and is specified as a precondition), then Taking Over cannot legally occur.
- 📖 “…the Contractor has carried out the training (if any) as described under Sub-Clause 5.5 [Training]…” appears directly in the 2017 edition.
- The 1999 edition similarly includes training completion as part of the condition for Taking Over.
📂 Clause 5.2 [Contractor’s Documents]
- Training materials (manuals, slides, handbooks, etc.) would typically fall under this clause, especially if required by the Employer’s Requirements.
- These documents are subject to review or approval by the Engineer, which may delay implementation if not planned properly.
📣 Clause 20.1 [Contractor’s Claims]
- If the Employer fails to provide access to trainees or causes delay in training, the Contractor can claim additional time or money—but only if notice is given promptly.
- Both editions confirm that claims (including those related to delay in training) must follow the procedures in Clause 20.1.
⏳ Clause 8.5 [Extension of Time for Completion]
This is a critical clause when training delays affect Taking Over or completion dates.
Delays related to Employer-caused impediments (such as not nominating trainees or giving site access for training) are valid grounds for EOT, but again must be claimed via Clause 20.
🤔 5️⃣ What If Scenarios
Let’s explore some realistic situations you might face.
❓ What if training is delayed because the Employer didn’t nominate staff?
➡️ The Contractor could raise a claim under Clause 20, and potentially get an extension of time (EOT) under Clause 8.5.
❓ What if the training is completed, but the Employer says it was “unsatisfactory”?
➡️ If the Employer’s Requirements don’t set quality metrics, this becomes subjective and a potential source of dispute. A lesson in specifying outcomes clearly in the ERs!
❓ Can training be subcontracted?
➡️ Yes, but it should still meet the contractual standards and ideally be flagged to the Engineer. And the Contractor retains the liability.
✍️ 6️⃣ Suggestions for Clarity and Improvement
To reduce ambiguity and keep things smooth:
🧩 Clarify the training scope:
- Number of trainees.
- Duration and format (in-person, on-site, virtual).
- Materials (manuals, videos, tests).
📅 Fix the timing:
- Specify when training should happen.
- Consider milestones: e.g., after commissioning but before Taking Over.
✅ Add confirmation mechanism:
- Employer signs a certificate confirming training completion and satisfaction.
- You avoid “he said, she said” scenarios later.
🔚 7️⃣ Final Takeaways
Let’s wrap it all up:
✅ Clause 5.5 is deceptively short but super impactful—especially for operational handovers.
📌 The 1999 edition left a lot open to interpretation. The 2017 version tightens the screws and raises the bar on training delivery.
🚨 Contractors: Don’t treat this as an afterthought. Training can be a make-or-break milestone for Taking Over.
💡 Practical tip: Draft a “Training Plan” early on and get it reviewed as part of your Submittals. That way, everyone’s expectations are aligned.
📋 Clause 5.5 [Training] Compliance & Coordination Checklist
| Checklist Item | Relevant Clause | Details / Notes | ✅ |
|---|---|---|---|
| Has the scope of training (who, what, how) been clearly defined in the Employer’s Requirements? | Clause 5.5 | Should include list of trainees, subjects, format (theory/hands-on), and duration. | ☐ |
| Has the timing of the training been explicitly stated? | Clause 5.5 | If not specified, 2017 edition defaults to “as acceptable to the Employer.” | ☐ |
| Has the Contractor developed and submitted a Training Plan? | Clause 5.5 & 5.2 | Include methodology, materials, schedule, trainers, and assessment. | ☐ |
| Has the Engineer reviewed and approved the training materials (manuals, guides, presentations)? | Clause 5.2 | These fall under Contractor’s Documents and may require review. | ☐ |
| Are training staff, facilities, and materials provided by the Contractor as required? | Clause 5.5 (2017 only) | Ensure staff are qualified and facilities are adequate. | ☐ |
| Is the training documented with attendance sheets, feedback forms, and completion records? | Clause 5.5 | Critical for demonstrating compliance. | ☐ |
| Has the Employer confirmed satisfactory completion of the training? | Clause 10.1 | Required for issuance of Taking-Over Certificate (if training is a precondition). | ☐ |
| If delayed, has the Contractor submitted a claim for EOT due to Employer-caused training delays? | Clause 8.5 + 20.1 | Must follow notification and substantiation timelines. | ☐ |
| If delayed, has a cost claim been submitted under Clause 20.1 (with records)? | Clause 20.1 | Applies if delay is due to Employer (e.g., late nomination of trainees). | ☐ |
| Is the training completion date aligned with the Taking Over schedule? | Clause 10.1 | Misalignment may delay Taking Over. | ☐ |
📩 Letter 1: Submission of Training Plan and Schedule
From: Contractor
To: The Engineer
Subject: Submission of Training Plan in Accordance with Clause 5.5
Dear [Engineer’s Name],
Pursuant to Clause 5.5 [Training] of the Conditions of Contract, we hereby submit our proposed Training Plan for the Employer’s Personnel as specified in the Employer’s Requirements.
The attached plan includes:
- List of trainees and their roles
- Topics to be covered
- Training schedule and duration
- Training materials and manuals
- Qualifications of training personnel
We kindly request your review and feedback. If acceptable, we propose commencing training on [proposed date], subject to confirmation of the Employer’s nominated personnel.
Please confirm if the attached plan meets the requirements or advise of any further modifications.
Yours faithfully,
[Contractor’s Representative]
[Contractor’s Name]
📩 Letter 2: Notice of Employer’s Delay in Nominating Personnel for Training
From: Contractor
To: The Engineer
Subject: Notice of Delay – Training Pending Nomination of Employer’s Personnel (Clause 20.1 and 5.5)
Dear [Engineer’s Name],
We refer to our previous correspondence dated [date] regarding training of Employer’s Personnel under Clause 5.5 [Training].
To date, we have not received the list of personnel to be trained, which is required to finalize the training schedule and commence sessions. We believe this delay may affect the timeline for completion and Taking Over of the Works as outlined in Clause 10.1.
Accordingly, and pursuant to Clause 20.1 [Contractor’s Claims], we hereby notify the Employer of a potential claim for extension of time and/or associated Costs, pending resolution of this matter.
We respectfully request the Engineer’s assistance in facilitating prompt nomination by the Employer.
Yours sincerely,
[Contractor’s Representative]
[Contractor’s Name]
📩 Letter 3: Confirmation of Training Completion
From: Contractor
To: The Engineer
Subject: Confirmation of Completion of Training Under Clause 5.5
Dear [Engineer’s Name],
We confirm that the training of Employer’s Personnel, as required under Clause 5.5 [Training] and detailed in the Employer’s Requirements, was successfully completed on [date].
Attached are:
- Signed attendance sheets
- Copies of training manuals
- Feedback forms from trainees
- Completion certificates
We respectfully request confirmation that the training requirement has been fulfilled, to allow progression toward the Taking-Over Certificate as per Clause 10.1.
Should any further documentation or clarification be required, please advise.
Best regards,
[Contractor’s Representative]
[Contractor’s Name]
📩 Letter 4: Engineer’s Confirmation of Training Completion (from Engineer to Employer)
From: Engineer
To: Employer
Subject: Confirmation of Contractor’s Completion of Training Obligation
Dear [Employer’s Name],
Following the Contractor’s submission and execution of the training program required under Clause 5.5 [Training], and based on our review of submitted records and feedback, we confirm that this obligation has been satisfactorily completed.
This satisfies the condition precedent to Taking Over (where applicable), and we consider the training requirement closed unless advised otherwise.
Please confirm your agreement or advise of any outstanding matters requiring resolution.
Sincerely,
[Engineer’s Name]
[Engineer’s Company]