FIDIC CCM Based on Real Exam Environment

Under FIDIC 1999 Conditions of Contract, retention money is addressed primarily in Sub-Clause 14.9 [Payment of Retention Money]. The release of retention is typically split into two halves: the first half upon issuance of the Taking-Over Certificate, and the second half after the Defects Notification Period (DNP) has expired and all outstanding work has been completed.

However, the contract provides a safeguard for the Employer (and Engineer administering the contract) where there are outstanding defects or incomplete obligations. In the Red Book, Clause 11 [Defects Liability] governs the Contractor’s obligation to remedy defects during the DNP. Similarly, in the Yellow and Silver Books, Clause 12 [Tests after Completion] may require additional works or compliance activities after completion.

If there are works still to be executed or defects yet to be remedied, the Engineer is entitled to withhold an amount equivalent to the estimated cost of completing such works from the retention money due for release. This ensures the Employer is financially protected in case the Contractor fails to fulfill post-completion obligations.

Therefore, the statement is correct, as it accurately reflects the contractual mechanism allowing withholding of retention corresponding to outstanding liabilities under the relevant clauses.