Construction Timeline

FIDIC 1999 Red & Yellow Books

Construction Contract
Management Roadmap

A phase-by-phase guide for MCAs serving as the Employer under FIDIC works contracts. Find the tools, resources, and key obligations for wherever you are in the contract lifecycle.

HOW TO USE THIS PAGE

Find your current contract phase below. Each phase shows what the Employer must do, the key FIDIC Sub-Clauses that apply, and the tools and resources available to help. You can start at the phase you are in — but we recommend reading all the way through at least once. Many tools listed in later phases are valuable earlier than they first appear, and understanding the full lifecycle helps you anticipate obligations before they become urgent.

1. Design 2. Tender 3. Letter of Acceptance 4. Commencement Date 5. Construction 6. Taking-Over 7. Defects Notification Period 8. Performance Certificate

Cross-Cutting Tool: Employer’s Advisor

An Employer’s Advisor is a specialized advisory firm embedded alongside MCA staff from Design through Construction. It builds institutional systems, contractual understanding, and decision-making discipline — so the MCA can fulfill its Employer role with confidence and decreasing dependence on external support over time. Relevant across all phases.

Phase 1
Design
Pre-Contract

Before works contracts are issued, the Employer must ensure that the project is properly defined, the design is fit for purpose, and the risk allocation embedded in the Employer’s Requirements is deliberate and understood. Decisions made here are locked into the contract for years.

EMPLOYER OBLIGATIONS
Manage the feasibility and design firm’s scope and deliverables
Review and approve Employer’s Requirements and technical specifications
Conduct Safety-in-Design review of road corridor designs
Assess project definition maturity before launching procurement
Identify and evaluate international project risks
Engage market to attract qualified Design-Builders
Phase 2
Tender
Pre-Contract

The Employer manages the bid process, evaluates offers, and makes the contract award decision. Getting the procurement strategy, evaluation criteria, and bidding documents right directly determines the quality of contractors who compete and the terms they are bound by.

EMPLOYER OBLIGATIONS
Develop evaluation criteria and qualification requirements
Issue bidding documents and manage clarification requests
Conduct technical evaluation of bids
Prepare contract award recommendation
Finalize Particular Conditions, schedules, and annexes before execution
Phase 3
Letter of Acceptance
Contract Formation

The Letter of Acceptance (LoA) forms the contract. A precise sequence of obligations is triggered immediately — Performance Security, Advance Payment, insurance, and the countdown to Commencement Date. Missing any of these creates risk for the Employer from day one.

KEY FIDIC SUB-CLAUSES
1.6 Contract Agreement — execute within 28 days of LoA
4.2 Performance Security — Contractor must submit within 28 days of LoA
14.2 Advance Payment — Employer pays after Performance Security received
18.1 Insurance — Contractor submits evidence before Commencement Date
20.2 Appointment of DAB — both parties appoint within 28 days of LoA
Phase 4
Commencement Date
Mobilization

The Commencement Date marks the official start of the contract period. The Employer must give access to the site and issue the notice to commence. Within days, the Contractor must submit their programme. This is also the moment to establish reporting, communication, and oversight structures with the Engineer.

KEY FIDIC SUB-CLAUSES
8.1 Commencement of Works — Employer gives 7 days notice; Contractor commences promptly
8.3 Programme — Contractor submits within 28 days; Engineer reviews within 21 days
2.1 Right of Access to Site — Employer provides access by Commencement Date
3.1 Engineer’s Duties and Authority — establish Engineer relationship and communication protocols
9.1 Contractor’s Obligations — review mobilization, key personnel, and equipment
Phase 5
Construction
Execution

The longest and most demanding phase for the Employer. Monthly payment cycles, ongoing supervision, variation instructions, and notices must be managed on strict timelines. Missed deadlines or poorly managed claims become cost overruns and disputes. This is where the Employer’s institutional systems are tested every day.

KEY FIDIC SUB-CLAUSES
14.3–14.7 Interim Payment Certificates — monthly cycle; Engineer certifies within 28 days; Employer pays within 56 days of statement
13.1–13.3 Variations — Employer/Engineer may instruct; Contractor notifies impact promptly
20.1 Claims — Contractor gives notice within 28 days of awareness (time bar); Employer must respond through Engineer
8.4 Extension of Time — Contractor entitled on valid grounds; Engineer determines
3.5 Determinations — Engineer must consult both parties; issue fair determination
4.21 Progress Reports — Contractor submits monthly; Employer monitors against programme
Phase 6
Taking-Over
Completion

When the Works are substantially complete, the Contractor applies for a Taking-Over Certificate. The Employer, acting through the Engineer, must respond within a strict deadline. Taking-Over transfers risk of the Works back to the Employer and starts the Defects Notification Period clock.

KEY FIDIC SUB-CLAUSES
10.1 Taking Over of the Works — Contractor applies; Engineer issues TOC within 28 days or gives reasons to refuse
10.2 Taking Over of Parts — Employer may take over parts of the Works
11.1 Completion of Outstanding Work — Contractor completes minor outstanding items after TOC
14.8 Delayed Payment — interest applies if Employer delays payment
8.7 Delay Damages — assess if completion delayed beyond Time for Completion
Phase 7
Defects Notification Period
Post-Completion

During the DNP, the Contractor is obligated to remedy any defects notified by the Engineer. The Employer must ensure defects are identified and notified promptly — rights to have defects remedied at no cost expire at the end of the DNP. The Engineer’s role continues throughout.

KEY FIDIC SUB-CLAUSES
11.1 Completion of Outstanding Work and Remedying Defects — Contractor remedies defects notified before DNP expires
11.3 Extension of Defects Notification Period — DNP may be extended if defects prevent use of Works
11.4 Failure to Remedy Defects — Employer may fix at Contractor’s cost if not remedied
11.9 Performance Certificate — issued after all defects remedied; only then does Contractor’s liability end
14.9 Payment of Retention Money — second half released on Performance Certificate
Phase 8
Performance Certificate
Contract Close

The Performance Certificate is the Engineer’s formal statement that the Contractor has completed all obligations. It triggers final payment, release of the Performance Security, and discharge of the Contractor’s liability. Delay in issuing it has financial and legal consequences for the Employer.

KEY FIDIC SUB-CLAUSES
11.9 Performance Certificate — Engineer issues within 28 days of DNP expiry and completion of all defects
14.10 Statement at Completion — Contractor submits within 84 days of Taking-Over
14.11 Application for Final Payment Certificate — Contractor submits within 56 days of Performance Certificate
14.13 Final Payment — Employer pays within 56 days of Final Payment Certificate
4.2 Performance Security — Employer returns within 21 days of Performance Certificate