Plain-language explanations of key terms — for engineers and project managers, not lawyers.
The permanent works (structures, equipment, and items forming part of the finished facility) and any temporary works (structures and other items required for the construction process) to be designed and/or constructed by the contractor. The scope of the Works is defined by the contract documents. Disputes frequently arise about what is and is not within the scope of the Works.
A situation where the employer deducts amounts from or refuses to pay a payment certificate. Under FIDIC, the employer may withhold payment in defined circumstances (e.g., set-off of retention, liquidated damages). However, unreasonable withholding of payment is a fundamental breach and may entitle the contractor to suspend work or, ultimately, to terminate the contract under Sub-Clause 16.