NEWSLETTER-2019-metin

81 COMMERCIAL LAW Each of these remedies are set out below. For the avoidance of doubt, the capitalized terms have the meaning ascribed to them in the FIDIC Silver Book. Remedies As mentioned above, according to the Silver Book, the Contractor has responsibility of the design and execution of the project. The Con- tractor is under the obligation of providing a fully equipped plant that is ready for operation. The Contractor also guarantees the performance of such plant. In accordance with these obligations, the Employer’s remedies have been drafted. Delay Damages One of the most important remedies foreseen in the Silver Book is Delay Damages. In such large projects time is of crucial importance and even a slight delay may cause substantial damages to an Employer. Considering this, Clause 8.7 was drafted, which reads as follows: “If the Contractor fails to comply with Sub-Clause 8.2 [Time for Completion], the Contractor shall subject to Sub-Clause 2.5 [Employer’s Claims] pay delay damages to the Employer for this default. These delay damages shall be the sum stated in the Par- ticular Conditions, which shall be paid for every day which shall elapse between the relevant Time for Completion and the date stated in the Taking-Over Certificate. However, the total amount due under this Sub-Clause shall not exceed the maximum amount of delay damages (if any) stated in the Particular Conditions. These delay damages shall be the only damages due from the Contractor for such default, other than in the event of termi- nation under Sub-Clause 15.2 [Termination by Employer] prior to completion of the Works. These damages shall not relieve the Contractor from his obligation to complete the Works, or, from any other duties, obligations or responsibilities which he may have under the Contract.”