Speaker: Engr.

Mohammed Fareedul Haq Imadi,

B.E. (Civil), MIE, Chartered Engineer,
PMI-RMP, PMI-SP, PMP, CCE
 The First Edition of the MPW General Conditions was
printed in1969 based on 2nd Edition of FIDIC, with minor
modifications to suit the Law and conditions of Kuwait.
 Subsequent revisions incorporate changes and additional
clauses to suit Kuwaiti requirements.
 These General Conditions form the basis for the
contractual relationship between the Employer and the
Contractor, thus provide the framework for any claim
which arises during the contractual relationship.
 Government projects in Kuwait are still follow these
Conditions.
 Some private sector projects have started to adapt the
FIDIC’s New Red Book 1999.
1. Definitions and Interpretations.
Clause 1.
2. The Engineer and The Engineer’s Representative
Clause 2.
3. Assignments
Clauses 3, 4 and 5.
5. Contract Documents
Clauses 6, 7, and 8.
6. General Obligations
Clauses 9 to 33
7. Labour
Clauses 34 and 35.
8. Materials and Workmanship
Clauses 36 to 40.
9. Commencement Time and Delays
Clauses 41 to 48.
10.Maintenance and Defects
Clauses 49 and 50
11.Alterations, Additions ad Omissions
Clauses 51 and 52.
12. Plant, Equipment, Temporary Works and Materials
Clauses 53 and 54.
13. Measurement
Clauses 54 to 59.
14. Certificates and Payment
Clauses 60 to 67
15. Notices
Clause 68.
16. Increase or Decrease of Costs
Clause 69.
17. Miscellaneous
Clauses 70 to 74.
The Following presentation represents my
study and interpretation. Efforts have been
made to express a simple understanding of
the terms and conditions. However, other
interpretations may exist.

The Institution of Engineers India and its

Kuwait Chapter bear no responsibility for the
accuracy of the contents.
 The Engineer Administers
the Contract

Employer The Engineer

Engineer’s
Contractor
Representative

The Contract is between the Employer and the Contractor

Although the Engineer is Employed by the Employer, he is

expected to perform impartially.
The Basic Procedures for Claims and
Change Order Administration are:

◦ Contract Knowledge – ability to recognize

changes.
◦ Notification
◦ Systematic and accurate documentation.
◦ Analysis of time and cost impacts.
◦ Pricing.
◦ Negotiation
◦ Dispute resolution and settlement.
In case necessary drawings or Instructions are
missing, the Contractor should notify / request the
Engineer in a timely manner.
If the Employer / Engineer fails to provide the
Drawings and Instructions within reasonable time,
then, the Contractor will be entitled to time and
additional cost according to the stipulations.
The Contractor shall conduct all the necessary inspections
to verify the site, its surroundings, and satisfied himself
that his offer includes for all the conditions and
circumstances which he would face while executing the
works.
Then if the Contractor suffers financial difficulties beyond
the limits of possibility to obtain information about extra
ordinary risks, contingencies and other circumstances
which may influence or affect his tender.
Then, the Contractor may submit his claim under “the
theory of exceptional circumstances” and /or “unexpected
financial difficulties” as per the Law.
If the Employer instructs the Contractor to perform tests
not mentioned in the Contract Specification.
The Contractor should perform such tests to prove the
compliance of works with specifications.
If the tests pass and if it is proved that the works executed
by the Contractor were as per the required specifications.
Then, the Contractor is entitled to ask for extra time and
cost incurred for such additional tests.
However, if it is proved that the works executed by the
Contractor fail to comply with Contract Specifications,
then, the Contractor shall bear such expenses.
If the Contractor Complies with Article 38(1), and still, the
Employer instructs the Contract to uncover and make
openings for inspection and up on opening it is proved
that the works executed by the Contractor are compliant
with the Contract Specification, then the Contractor will be
entitled to claim the recovery of such additional expenses
and time spent for uncovering or making openings.
Also, if the works got delayed due to such additional
uncovering and making openings, the Contractor is
entitled for additional time accordingly.
If the works or any part is suspended by a written order of the
Engineer, unless such suspension is attributable to
Contractor’s fault.
Then, the Contractor is entitled to claim for extra time and cost
including all running wages to be paid on the site, salaries,
depreciation and maintenance of plant on site costs and
overhead costs incurred by the Contractor in giving effect to
the Engineer’s Instruction under this clause. However the
Contractor will not be entitled to recover such claims if he fails
to notify within 28 days of Employer’s instruction.
If the Contractor suffers delay or incurs expense from
failure on the part of the Employer to give possession
in accordance with the terms of this clause the
Engineer shall grant extension of time for the
completion of works and certify such sum as shall be
paid to cover the expense incurred which sum shall
be fair by the Employer.
The Employer has the right to make variations in the
form of quality or quantity of the works until the
issuance of Certificate of Substantial Completion.
However if such variations cause additional cost or time,
the Contractor is entitled for the same in accordance
with the corresponding stipulations in the Contract.
Any time extension as a result of this clause is not
compensable.
As a result of various clauses of Contract, if the works
are delayed beyond the responsibility and / or control
of the Contractor, the Engineer should grant
appropriate Extension of Time for Completion
according to the procedure stipulated in the Contract.