Guide

Clear to pay: the checklist before the first payment

On a FIDIC-based contract the first money to move is usually the advance payment, then the first interim payment certificate. Both depend on papers the Contractor delivers after the Letter of Acceptance. Missing papers are the usual reason the first payment is late, and accepting the wrong ones is how employers lose their security.

8 min read FIDIC 1999 Red Book UAE and GCC

The time limits

28 daysPerformance Security to the Employer, after the Letter of Acceptance (Sub-Clause 4.2)
28 daysContract Agreement signed, after the Letter of Acceptance (1.6)
42 daysCommencement Date, after the Letter of Acceptance, with at least 7 days’ notice (8.1)
28 daysDetailed programme, after the commencement notice (8.3)
Per contractEvidence of insurance and copies of the policies, within the periods in the Appendix to Tender (18.1)
42 or 21 daysAdvance paid within 42 days of the Letter of Acceptance, or 21 days after both securities arrive, whichever is later (14.7)
28 + 56 daysFirst interim certificate within 28 days of the Statement, and payment within 56 days (14.6 and 14.7)

Your Particular Conditions may change any of these periods, so check them first. The references are to the FIDIC 1999 Red Book. The 2017 edition asks for the same papers under different numbers, with insurance in Clause 19 and a separate Advance Payment Certificate.

What blocks the first payment, and what does not

Under the 1999 Red Book only two papers hold back payment outright. The rest are dealt with in other ways:

  • No Performance Security: nothing is certified or paid (Sub-Clause 14.6)
  • No advance payment guarantee: the advance is not certified (14.2), but work done is still certified and paid
  • No insurance: the Employer may take out the cover itself and deduct the premiums (18.1)
  • No progress report: the Statement is incomplete, because the report is one of its supporting documents (14.3), so the 28 days have not started
  • Programme or another obligation outstanding: the Engineer may withhold only the value of what the Contractor was notified it is failing to do, not the whole certificate (14.6)
  • Below the minimum: the Engineer need not certify an amount below the minimum in the Appendix to Tender (14.6)

The two guarantees

CheckPerformance Security (4.2)Advance payment guarantee (14.2)
AmountAs in the Appendix to Tender, often 10% of the contract on UAE projectsEqual to the advance, in the same currency
FormThe form annexed to the Particular Conditions, usually an on-demand bank guaranteeThe form annexed to the Particular Conditions
IssuerA bank the Employer approves, usually licensed in the country of the projectA bank the Employer approves
Valid untilThe Works are completed and defects remedied; extended if the Performance Certificate is not yet due 28 days before expiryThe advance is repaid, reduced as the certificates show repayments
ReturnedWithin 21 days after the Employer receives a copy of the Performance CertificateOnce the advance is fully repaid

Verify each original with the issuing bank before you accept it: ask the bank to confirm it in writing, or through its own secure channel, directly to the Employer. Check the beneficiary’s full legal name, the contract reference, the amount and currency, the expiry date and the last day for a demand, and that the wording matches the contract form with no conditions added. Keep the originals in a safe place and diary each expiry date with time to ask for an extension.

Where the contract also asks for a parent company guarantee or a retention money guarantee, run the same checks before accepting it.

The insurances

Under Sub-Clause 18.1 the Contractor sends evidence that the insurances are in place and copies of the policies within the periods in the Appendix to Tender, then evidence of each premium paid. The insurers and the terms must be ones the Employer approves. Check each cover:

CoverSub-ClauseWhat to check
Works and Contractor’s Equipment (contractor’s all risks)18.2Full reinstatement cost, plus demolition, removal of debris, professional fees and profit; the Employer and the Contractor insured jointly; cover to taking over, and for the Contractor’s work in the defects period
Injury to persons and damage to property (third party)18.3At least the amount per occurrence in the Appendix to Tender, in the joint names of the Parties
Contractor’s Personnel18.4Injury, sickness, disease or death of the Contractor’s staff and labour, with the Employer and the Engineer also indemnified under the policy
Design (professional indemnity)Particular ConditionsWhere the Contractor designs part of the Works: the amount and the period after completion set in the contract

For every policy, check that the deductibles are within the limits in the Appendix to Tender, the period covers the Time for Completion with a margin, and the premium is paid. A broker’s certificate is not the policy: ask for the wording. In the UAE the Contractor also pays for work injuries under the Labour Law, Federal Decree-Law No. 33 of 2021, and health insurance for workers has been mandatory in every emirate since 1 January 2025.

The contract and set-up papers

  • The signed Contract Agreement, with the Letter of Acceptance and its annexed clarifications (Sub-Clause 1.6)
  • The Contractor’s Representative, consented to by the Engineer before the Commencement Date (4.3)
  • The detailed programme, within 28 days after the commencement notice (8.3)
  • The schedule of payments, or the first estimate of payments within 42 days after the Commencement Date where there is none (14.4)
  • The Statement format approved by the Engineer, and the way the work will be measured (14.3 and 12.1)
  • Company papers: a valid trade licence covering the work, the VAT registration certificate with the tax registration number, and a bank letter with the account name and IBAN
  • Authority to sign: the power of attorney or list of authorised signatories for the person who signs the Statements and invoices

Confirm the bank details by calling a known contact at the Contractor, never from an email alone. A changed account number in an email is a common route for payment fraud.

The first two payments

  1. 1
    The advance payment

    The Contractor sends a Statement for the advance with the guarantee and a tax invoice. The Engineer certifies it once the Employer holds both securities (14.2), and the Employer pays within 42 days of the Letter of Acceptance or 21 days of receiving the securities, whichever is later (14.7).

  2. 2
    The first interim certificate

    After the first month the Statement lists the items of Sub-Clause 14.3, with the measurement records and the first progress report (4.21). The Engineer certifies within 28 days, and the Employer pays within 56 days of the Statement.

  3. 3
    Retention and repayment begin

    Retention is deducted from the first certificate. Repayment of the advance starts once certified payments pass the threshold in the contract, 10% of the Accepted Contract Amount less Provisional Sums under the 1999 Red Book.

What the Employer checks before releasing payment

  1. 1The certificate is signed for the Engineer and fits the approved budget and approval limits
  2. 2The Performance Security is held and valid, and for the advance, the advance payment guarantee too
  3. 3The tax invoice matches the certificate, shows both tax registration numbers and charges VAT at the right rate
  4. 4The bank details match the ones confirmed at the start
  5. 5The retention and advance balances in the ledger agree with the certificate
  6. 6Nothing is paid twice: each certificate deducts all previous certificates (14.3 (g))

A covering letter for the securities can be this short:

Sample wording
We refer to your Letter of Acceptance dated 2 March 2026. Under Sub-Clause 4.2 we enclose the original Performance Security No. PG-2026-118 for AED 2,450,000, issued by a UAE bank you have approved, valid until 30 June 2028 and in the form annexed to the Particular Conditions. Under Sub-Clause 14.2 we enclose the original advance payment guarantee No. AG-2026-041 for AED 2,450,000, with our Statement and tax invoice for the advance. The evidence of insurance and copies of the policies required by Sub-Clause 18.1 will follow by 20 March 2026.

Common mistakes

  • Accepting a guarantee that differs from the contract form, adds conditions or names the wrong beneficiary
  • Accepting a copy or an email in place of the original, without the bank’s confirmation
  • Paying the advance before both securities are in hand
  • Letting the advance payment guarantee expire before the advance is repaid, or not reducing it as it is repaid
  • Taking an insurance certificate without the policy wording, or without the Employer named
  • Holding the whole first certificate for a missing programme, which the contract does not allow
  • Sending the first Statement without the progress report, so the 28 days do not start

If the first payment is late

Before work starts, the Contractor may ask for reasonable evidence that the Employer’s funding is in place, which the Employer must give within 28 days (Sub-Clause 2.4). If payment is late, the Contractor is entitled to financing charges at three percentage points above the central bank’s discount rate (14.8). If the Engineer does not certify or the Employer does not pay, the Contractor may suspend or slow the work after 21 days’ notice (16.1). Take legal advice before suspending: the governing law and your Particular Conditions decide the details.

Templates for each step

Advance payment application
Word, 3 pagesExcel, 8 sheets
AED 59
Performance security wording and register
Word, 5 pagesExcel, 3 sheets
AED 79
Advance payment guarantee wording
Word, 5 pages
AED 59
AED 79
AED 79
Contract agreement and contract documents compilation
Word, 4 pagesEnglish and Arabic copy, 4 pages
AED 199
Key staff approval request
Word, 3 pages
AED 39
Baseline programme submission
Word, 5 pagesExcel, 5 sheets
AED 129
AED 149
Interim payment certificate
Excel, 8 sheets
AED 99

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