Under FIDIC Silver Book 1999, Sub-Clause 8.1 [Commencement of Works] governs the issuance of the Commencement Date. If the Commencement Date is not stated in the Contract Agreement, the Employer must notify it within a reasonable time, subject to an implied maximum period (commonly interpreted as 42 days). However, if this obligation is not fulfilled, contractual remedies arise for the Contractor.

Option C is correct. If the Commencement Date is delayed beyond a reasonable period (commonly referenced as 42 days, and extended scenarios such as 8 weeks), the Contractor may be entitled to an extension of time due to delay caused by the Employer. This aligns with Clause 8.4 [Extension of Time for Completion], as failure to provide commencement prevents progress.

Option D is also correct. Under Sub-Clause 16.2 [Termination by Contractor], if the Employer fails to fulfill key obligations—such as enabling commencement—the Contractor may ultimately have the right to terminate, typically after prolonged delay (e.g., 84 days or 12 weeks without commencement).

Option A is incorrect because financial compensation is not automatically granted solely due to delay in issuing the Commencement Date unless additional cost is proven under claims provisions.

Option B is incorrect because FIDIC does not define a strict “6-week breach rule” for this obligation.

This highlights the importance of timely commencement in FIDIC contracts, as delays can trigger significant Contractor entitlements, including EOT and even termination rights.