Plain-language explanations of key terms — for engineers and project managers, not lawyers.
A certificate issued by the Engineer under FIDIC Clause 10, confirming that the works (or a section) have reached the stage of completion required by the contract and are ready for taking over by the employer. Issue of the Taking-Over Certificate triggers the start of the Defects Notification Period, releases half the retention money, and reduces the contractor's liability for liquidated damages. The contractor may request the Taking-Over Certificate; if the Engineer fails to issue or reject it within 28 days, it is deemed to have been issued.
A contractual provision that extinguishes a party's right to claim if notice is not given within a specified period. Under FIDIC Sub-Clause 20.1, failure to give notice of a contractor's claim within 28 days of the triggering event bars the claim entirely. Time bars are strictly enforced in many jurisdictions. Contractors must ensure robust systems for identifying and notifying claims promptly.
A contract where the contractor designs, builds, and commissions a complete facility, handing it over to the employer in a ready-to-operate condition — "turn the key and it works." FIDIC Silver Book (EPC/Turnkey) is the standard form. The contractor bears maximum risk in a turnkey arrangement, including design risk, ground conditions risk (usually), and commissioning risk. The price is typically fixed lump sum.