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Reference

Taking over

The contractual event under FIDIC at which the employer accepts the works, triggering the Defects Notification Period and, in the 2017 edition, requiring specified asset information to have been supplied.

FIDIC’s 2017 edition moved the obligation to supply as-built records and operation and maintenance manuals into Sub-Clause 10.1, making their supply an express requirement of taking over rather than a schedule item, and coupled it with a requirement for the Engineer to issue a Notice of No-objection.

That is a genuine strengthening in a region where FIDIC based conditions are the norm, because it converts asset information from something chased afterwards into a condition of the event itself.

Sources

FIDIC, Conditions of Contract, 2017 edition, Sub-Clause 10.1 on taking over the works and Sub-Clause 10.3 on interference with tests on completion, compared with the 1999 edition, in which the equivalent obligations sat at Sub-Clauses 5.5 to 5.7.

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