CE Laws

Cesar P. Malenab Jr. 5CE-A April 26, 2017

A. FIDIC Contracts

Contracts and Laws Survey indicates that the area that makes international projects
difficult is the use of unfamiliar contracts. FIDIC (Fdration Internationale Des Ingnieurs-
Conseils) was then introduced and became as the leading contracts in international engineering
and construction projects. FIDIC started in 1913 by France, Belgium and Switzerland and has
now a membership from almost 97 countries. The first book published was about civil
engineering and it was entitled The Form of Contract for Works of Civil Engineering
Construction in 1957 and now commonly known as the Red Book. Several books were released
and updated by FIDIC like the yellow book and silver book that takes into account which party
will make the majority of the design of the project. FIDIC documents are usually divided into
two, Part I consist of general conditions and Part II are of conditions that are particular to the
project.

FIDIC has several objectives for creating international contracts. First, it aims to be
recognised as international authority on issues relating to consulting best engineering practices.
FIDIC wants to ensure quality, sustainability and integrity among services delivered. Second,
they want to promote high standards of ethics and integrity among all stakeholders involved in
the development of infrastructure worldwide. FIDIC encourages consultant engineers to fight
corruption and promote ethical business practices. Third, they aim to have relevant and qualified
associations as members representing the industry at a national level and to be recognized by the
authorities as the industrys representative. Fourth, FIDIC assist worldwide development of
viable consulting engineering industry. Lastly, they improve and develop their training and
publishing capabilities which help make the organization visible and valued.

FIDIC have been developed as a standard for international for construction industry.
They are recognized globally and in many jurisdictions. They concentrate on the balance of
responsibility of the parties involve as well as managing risk and its allocation. They have based
their contracts on numerous successful contracts around the world. No two projects are the same
so FIDIC design specific provisions on case to case basis. FIDIC contracts contain particular
provisions that may be required specific project. These contracts always aim to balance the risk
and not doing so may result to higher prices, delays, and major disputes leading to arbitration.
Some portions may not be modified which pertains to the role and authority of engineer, liability
for error in drawing and specifications, liability for obtaining forms and permits and other types
of liabilities, labour conditions, delays caused by authorities, and dispute settlement/resolution.

FIDIC contracts are important for national and international projects. To allow further
development of our country and to boost economy, we need a unified contract where all
international contractors would agree to engage in national infrastructure projects. The need for
such contracts are necessary for the establishment of trust between concerned parties especially
those involving government projects and international parties. FIDIC contracts also provide an
advantage over Document 102 of the Philippines since it is based on worldwide agreements and
has proven to be of quality and integrity. Major infrastructures like dams, road networks, and
transit systems are covered by FIDIC contracts while Document 102 involves only general
provisions for contracts between parties.

B. Dispute Adjudication Board (DAB)

Dispute Adjudication Board (DAB) is a form of review board which is comprised of

impartial individuals agreed upon by both parties. DAB issues decisions with the issue at hand
and its formation provides less approach towards arbitral tribunals. DAB may have a binding
decision which means that the parties must comply with the final decision of the board as they
receive it. The members of DAB are already formed before the commencement of a project and
the group are involved throughout the project for any possible disputes that may arise from the
construction period. At early stage of the dispute, the DAB can issue a decision to prevent further
disputes and delay or complete stoppage of the project. DAB provide a regular and continuing
discussion between parties at the onset of dispute and keep good communication alive. This is
done to prevent the dispute from reaching arbitral commissions. There is a need for competent
members for the Adjudication Board so that it can help both parties see the truth in any situation
and accept the decision of the board. Beyond technical matters, the members should have legal
and commercial knowledge of the project to be able to arrive at an informed decision. The
members cannot act as advocate for the party that nominated them. Any conflict of interest
should be disclosed before forming the Adjudication Board. Decisions made should be explained
technical and legal principles involved and all applicable rules and decision were followed. A
Notice of Dissatisfaction may be sent by any of the parties involved within 28 days and a higher
court may challenge the decision of the board.

Complex engineering projects are likely to require detailed analysis and preparation,
often involving arbitral courts and higher courts. This will be disruptive to the project and may
be detrimental to the welfare of the people if it involves governmental projects. DAB should be a
necessary clause in construction contracts to prevent further dispute and to provide real-time
inspection of the problem due to their involvement since the start of the project.
 CE Laws

Cesar P. Malenab Jr. 5CE-A April 26, 2017

For some students, college is just college. You attend classes, pass the subjects, graduate,

and then you start your adult life. I dont think many students have ever thought about how

much of an influence their college has brought into them, but I have and I appreciate all the

moments UST had given me.

Thank you, University of Santo Tomas for modeling me into the person that I am today.

Thank you for giving me professors and mentors that truly cared about my achievement and

didnt see me as a number. Thank you for opening doors to so many opportunities and

memorable experiences that I dont think I would have found anywhere else.

I know at times some students can get discouraged and feel that the college is against

them, but I know how hard the faculty and staff work and try every day to make UST a better

place.

Thank you for the amazing college experience, UST. Thank you to the friends I made.

UST is my second home and the Civil Engineering program of the Faculty of Engineering is my

second family. We went through everything together, supported each other all throughout, and

were always by each others side. Thank you for the laughs, the tears, and the unforgettable

memories. I am beyond blessed in being a Thomasian and I look forward to coming back and

giving back to the university.

We may not get to choose our family, but we get to choose how much we will love and

appreciate them. After everything I have been through with my family, I cannot help but choose

to love them more than my heart can give.

The greatest thing about my family is that they have been with me not only at my highest

and best, but also at my lowest and worst, in my most awkward and awful years, yet still love me
unconditionally and always choose to be my biggest supporters. I only have had the strength to

grow and become more because I know my family will be behind me every step of the way.

Without my family, I would not be where I am today. Without them in my life, I could

not have made it as far as I have. They have taught me that the love of a family extends outside

of the walls of our home and have shown me that you should give love everywhere and be kind

all the time. My family taught me that love and kindness will be my strength on my hardest days.

I love you all with everything that I am and thank you for loving me, too.