FIDIC & ICTAD Comparison

ICTAD is a professional body in Sri Lanka that is responsible for the development and promotion of the construction industry in the country. They have established standard contract documents to govern the contractual relationships between parties involved in construction projects.ICTAD (Institute for Construction Training and Development) has simlar set of standard contract documents in Sri Lanka.

The ICTAD standard contract documents provide a framework for various types of contracts, such as construction contracts, consultancy agreements, and supply contracts. These documents outline the rights, obligations, and responsibilities of the parties, as well as the procedures to be followed during the execution of the project.

Some of the commonly used ICTAD standard contract documents in Sri Lanka include:

1. ICTAD/SBD/01: General Conditions of Contract for Building and Civil Engineering Construction.
2. ICTAD/SBD/02: General Conditions of Contract for Design-Build and Turnkey Projects.
3. ICTAD/SBD/03: General Conditions of Contract for Mechanical and Electrical Engineering Works.
4. ICTAD/SBD/04: General Conditions of Contract for Supply and Installation of Equipment.
5. ICTAD/SBD/05: General Conditions of Contract for Construction Management.

These standard contract documents are regularly updated by ICTAD to reflect industry best practices and address the specific requirements of construction projects in Sri Lanka. It's important to consult the latest versions and seek legal advice when using these documents for specific projects.

Similarity to FIDIC

The ICTAD standard contract document that contains clauses similar to Clause 20 and 21 of the FIDIC (International Federation of Consulting Engineers) Conditions of Contract is the ICTAD/SBD/01: General Conditions of Contract for Building and Civil Engineering Construction.

Clause 20 of the FIDIC Conditions of Contract deals with Contractor's Claims and Clause 21 deals with Engineer's Determinations. In the ICTAD/SBD/01 document, the corresponding clauses are as follows:

1. Clause 20: Variations and Adjustments (similar to FIDIC Clause 20 - Contractor's Claims): This clause in the ICTAD/SBD/01 document addresses variations and adjustments to the contract, including changes in the scope of work, quantities, and rates. It outlines the procedures for the contractor to submit claims for additional payment and extensions of time due to variations or changes instructed by the Engineer/Employer.

2. Clause 21: Engineer's Instructions and Determinations (similar to FIDIC Clause 21 - Engineer's Determinations): This clause in the ICTAD/SBD/01 document covers the Engineer's instructions, determinations, and decisions related to the contract. It defines the process for the contractor to seek clarification or confirmation from the Engineer regarding any matter arising from the contract. It also outlines the procedures for dispute resolution and the consequences of non-compliance with the Engineer's instructions.

It's important to note that while the ICTAD/SBD/01 document contains clauses similar to Clause 20 and 21 of the FIDIC Conditions of Contract, there may be variations in the specific wording and details. It's always recommended to refer to the actual ICTAD standard contract document and seek legal advice for accurate interpretation and application of the clauses.

Differnces between FIDC and ICTAD

While Clause 20 and Clause 21 in both FIDIC and ICTAD standard contract documents address similar aspects of the contract, there are some differences in their content and approach. Here are the key differences between Clause 20 and Clause 21 in FIDIC and ICTAD conditions of contracts:

1. FIDIC Clause 20 - Contractor's Claims:

   • FIDIC's Clause 20 focuses primarily on the contractor's entitlement to claim additional payment and extension of time for variations, changes, and unforeseen conditions.
   • It outlines the procedures for the contractor to notify the engineer/employer of a claim, provide supporting documentation, and seek agreement or resolution of the claim.
   • FIDIC provides specific timeframes and requirements for submitting claims, including the provision of detailed particulars and substantiation.

   ICTAD Clauses - Variations and Adjustments:

   • The ICTAD's Clauses covers variations and adjustments to the contract, including changes in the scope of work, quantities, and rates.
   • It outlines the procedures for the contractor to submit claims for additional payment and extensions of time due to variations or changes instructed by the Engineer/Employer.
   • The ICTAD document may provide some guidance on claim submission but may not include as detailed requirements as FIDIC regarding the particulars and substantiation.

2. FIDIC Clause 21 - Engineer's Determinations:

   • FIDIC's Clause 21 focuses on the engineer's determinations, decisions, and instructions related to the contract.
   • It outlines the procedures for the contractor to seek clarification, confirmation, or dispute resolution from the engineer regarding any matter arising from the contract.
   • FIDIC provides a detailed process for the contractor to refer disputes to the engineer, subsequently to the engineer's employer, and finally to the Dispute Adjudication Board (DAB) if necessary.

   ICTAD Clauses - Engineer's Instructions and Determinations:

   • The ICTAD's Clauses covers the engineer's instructions, determinations, and decisions related to the contract.
   • It defines the process for the contractor to seek clarification or confirmation from the engineer regarding any matter arising from the contract.
   • The ICTAD document may have its own specified procedures for dispute resolution, which may vary from FIDIC's DAB mechanism.

It's important to note that the specific content, wording, and procedures in Clause 20 and Clause 21 may vary between different versions or editions of FIDIC and ICTAD standard contract documents. Therefore, it's crucial to refer to the exact versions of the documents applicable to the contract in question and seek professional advice for accurate interpretation and application of the clauses.