The findings
Ranked draft: 12 deviations flagged, 2 honest gaps.
Severity order is a fixed editorial ranking, identical every run. The machine never scores risk and never prices it. On a live engagement this draft is the point where the judgment starts: every finding is accepted, corrected or rejected by Craig Hardcastle before anything reaches a client.
CRITICAL Notices & time bars · Deviation from the standard form two-pass
Notice of Claim period
Standard form: 28 calendar days from awareness (20.2.1)
This contract: 14 days after the Contractor became aware, or should have become aware, of the event or circumstance (PC-9)
28 calendar days → 14 days (shortened by 50%)
“If the Contractor considers itself entitled to any extension of the Time for Completion or any additional payment, the Contractor shall give a Notice of Claim to the Engineer describing the event or circumstance giving rise to the claim as soon as practicable and in any event within fourteen (14) days after the Contractor became aware, or should have become aware, of the event or circumstance.”
✓ quote resolved in document
CRITICAL Notices & time bars · Deviation from the standard form two-pass
Late-notice relief
Standard form: limited discretion to consider late submission exists (20.2.5)
This contract: deleted - the provisions of Sub-Clause 20.2.5 permitting or requiring the Engineer to excuse late submission of a Notice of Claim are deleted, and no late Notice of Claim shall be considered in any circumstances (PC-11)
baseline: present. This contract: deleted
“The provisions of Sub-Clause 20.2.5 permitting or requiring the Engineer to take account of, or excuse, any late submission of a Notice of Claim are deleted. No Notice of Claim given after the period stated in Sub-Clause 20.2.1 shall be considered in any circumstances.”
✓ quote resolved in document
CRITICAL Notices & time bars · Deviation from the standard form two-pass
Time bar as condition precedent
Standard form: not phrased as an express condition precedent (20.2.1)
This contract: true, expressly stated as a condition precedent (PC-9)
“If the Contractor fails to give a Notice of Claim within such period of fourteen (14) days, the Time for Completion shall not be extended, the Contractor shall have no entitlement whatsoever to any additional payment, and the Employer shall be discharged from all liability in connection with the event or circumstance. Compliance with this Sub-Clause 20.2.1 is a condition precedent to any entitlement of the Contractor.”
✓ quote resolved in document
CRITICAL Time & delay damages · Deviation from the standard form two-pass
Cap on extension of time
Standard form: no cap on EOT (8.5)
This contract: Yes, aggregate extensions of time are capped at 90 days (PC-4)
“"Notwithstanding the foregoing, the aggregate of all extensions of the Time for Completion granted under or in connection with the Contract shall not in any circumstances exceed ninety (90) days."”
✓ quote resolved in document
CRITICAL Risk & liability · Deviation from the standard form two-pass
Unforeseeable physical conditions
Standard form: relief for Unforeseeable physical conditions (Yellow Book position) (4.12)
This contract: contractor_carries - Sub-Clause 4.12 is deleted and replaced so the Contractor accepts entire responsibility for all physical conditions, foreseeable or not, with no entitlement to extension of time or additional payment or Cost (PC-3)
baseline: contractor relief. This contract: contractor carries
“The Contractor shall be deemed to have inspected the Site and satisfied itself as to all conditions affecting the Works. The Contractor accepts entire responsibility for all physical conditions encountered at or affecting the Site, whether or not foreseeable by an experienced contractor, and shall have no entitlement to any extension of the Time for Completion or to any additional payment or Cost in connection with any physical conditions whatsoever.”
✓ quote resolved in document
CRITICAL Design & fitness for purpose · Extracted for review two-pass
Fitness-for-purpose obligation
Standard form: fit for purposes AS DEFINED IN the Employer's Requirements (the Yellow Book scoping) (4.1)
This contract: Absolute fitness-for-purpose warranty extending beyond the Employer's Requirements, not qualified by any standard of care (PC-1)
“"Notwithstanding any other provision of the Contract, the Contractor warrants that the completed Works shall be fit for their intended purposes, whether or not such purposes are defined in or inferable from the Employer's Requirements, and this warranty is absolute and is not qualified by any standard of care."”
✓ quote resolved in document
HIGH Notices & time bars · Deviation from the standard form
Fully detailed claim period
Standard form: 84 calendar days from awareness (20.2.4)
This contract: 42 days after the Contractor became aware, or should have become aware, of the event or circumstance (PC-10)
84 calendar days → 42 days (shortened by 50%)
“The period for submission of the fully detailed claim is amended from the period stated in the General Conditions to forty-two (42) days after the Contractor became aware, or should have become aware, of the event or circumstance.”
✓ quote resolved in document
HIGH Time & delay damages · Deviation from the standard form
Delay damages as sole remedy
Standard form: delay damages are the only damages for late completion (8.8)
This contract: false, delay damages are expressly not the Employer's sole or exclusive remedy; the Employer may also recover further losses, costs and damages (PC-5)
“"Payment of Delay Damages shall not be the Employer's sole or exclusive remedy for the Contractor's failure to complete within the Time for Completion, and the Employer shall in addition be entitled to recover any further losses, costs and damages it incurs arising from such failure."”
✓ quote resolved in document
HIGH Payment & cash · Deviation from the standard form
Payment period
Standard form: 56 days from the Contractor's Statement (14.7)
This contract: 90 days after the Engineer receives the Contractor's Statement and supporting documents (PC-6)
56 days → 90 days (extended by 61%)
“The period for payment of the amount certified in each Interim Payment Certificate is amended to ninety (90) days after receipt by the Engineer of the Contractor's Statement and supporting documents.”
✓ quote resolved in document
HIGH Payment & cash · Deviation from the standard form
Right to suspend for non-payment
Standard form: suspension right for non-payment exists (16.1)
This contract: removed. Sub-Clause 16.1 is deleted and the Contractor has no right to suspend or reduce the rate of work for any reason, expressly including non-payment (PC-8)
baseline: present. This contract: removed
“Sub-Clause 16.1 is deleted. The Contractor shall have no right to suspend the Works or reduce the rate of work for any reason, including non-payment of any amount due.”
✓ quote resolved in document
HIGH Risk & liability · Deviation from the standard form
Exclusion of indirect / consequential loss
Standard form: mutual exclusion of indirect/consequential loss (1.15)
This contract: one_way: the indirect/consequential loss exclusion is disapplied for the Contractor's liability and retained for the Employer's (PC-14)
baseline: mutual. This contract: one way
“The exclusion of liability for indirect or consequential loss in Sub-Clause 1.15 shall not apply to any liability of the Contractor, and shall continue to apply to the Employer.”
✓ quote resolved in document
HIGH Disputes · Deviation from the standard form
DAAB: standing or ad hoc
Standard form: standing DAAB appointed from the outset (21.1)
This contract: ad_hoc, appointed only after a Dispute has arisen, and then a sole-member DAAB (PC-12)
baseline: standing. This contract: ad hoc
“Sub-Clause 21.1 is amended such that the Parties shall have no obligation to appoint the DAAB unless and until a Dispute has arisen, whereupon either Party may propose the appointment of a sole-member DAAB.”
✓ quote resolved in document
HIGH Disputes · Deviation from the standard form
Notice of Dissatisfaction period
Standard form: 28 days (21.4)
This contract: 14 days after receiving the DAAB's decision, failing which it becomes final and binding (PC-13)
28 days → 14 days (shortened by 50%)
“The period for a Party to give a Notice of Dissatisfaction with the DAAB's decision is amended to fourteen (14) days after receiving the decision, failing which the decision shall become final and binding on both Parties.”
✓ quote resolved in document
HIGH Notices & time bars · Extracted for review
Awareness trigger wording
Standard form: constructive awareness: became aware, or should have become aware (20.2.1)
This contract: The period runs from when the Contractor "became aware, or should have become aware, of the event or circumstance" (constructive as well as actual awareness) (PC-9)
“the Contractor shall give a Notice of Claim to the Engineer describing the event or circumstance giving rise to the claim as soon as practicable and in any event within fourteen (14) days after the Contractor became aware, or should have become aware, of the event or circumstance”
✓ quote resolved in document
HIGH Security & termination · Extracted for review
Performance security: amount and on-demand status
Standard form: amount as Contract Data; form as annexed (4.2)
This contract: 10% of the Accepted Contract Amount, in the form of an unconditional on-demand bank guarantee payable on the Employer's first written demand without proof of breach or conditions (PC-2)
“"The Performance Security shall be in the form of an unconditional bank guarantee payable on the Employer's first written demand, without proof of breach, without conditions, and notwithstanding any objection by the Contractor."”
✓ quote resolved in document
HIGH Set-off · Extracted for review
Set-off and contra-charge rights
Standard form: Employer claims proceed through the claims procedure; no free-standing set-off (2.5 / 14.6)
This contract: Yes, widened: the Employer may deduct or set off against any amount due under this Contract or any other agreement, any amount it determines in its sole discretion is due from the Contractor, without any certification, determination or agreement (PC-7)
“"The Employer may deduct from, or set off against, any amount due to the Contractor under this Contract or any other agreement, any amount which the Employer, acting in its sole discretion, determines is due from the Contractor, without the need for any certification, determination or agreement."”
✓ quote resolved in document
HIGH Identification · Recorded
Base form and edition
This contract: FIDIC Yellow Book 2017 (Conditions of Contract for Plant and Design-Build, Second Edition 2017) (1.1)
“These Particular Conditions Part B amend and supplement the Conditions of Contract for Plant and Design-Build, Second Edition 2017 (the "General Conditions").”
✓ quote resolved in document
HIGH Notices & time bars · Not addressed in this document
Calendar or working days
Standard form: days are calendar days (1.1)
Not addressed in this document. Check the full contract before relying on the standard-form position.
HIGH Time & delay damages · Not addressed in this document
Cap on delay damages
Standard form: capped as stated in the Contract Data (8.8)
Not addressed in this document. Check the full contract before relying on the standard-form position.
MEDIUM Identification · Recorded
Governing law
This contract: The federal laws of the United Arab Emirates (1.2)
“| Governing law | The federal laws of the United Arab Emirates |”
✓ quote resolved in document
MEDIUM Identification · Recorded
Seat / forum of dispute resolution
This contract: DIAC Arbitration Rules, seat Dubai, UAE (1.2)
“| Rules and seat of arbitration | DIAC Arbitration Rules; seat: Dubai, UAE |”
✓ quote resolved in document