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Presentation on
Publishes:
Business practice contracts
International professional services agreements
Works Contracts.
FIDIC: Introduction (Cont..)
In international engineering project Contracts, the role of
Conditions of Contract is most important as it provides
Rights, Obligations & responsibilities of parties concerned.
balanced
Conditions of Contract,
Why FIDIC ? (Cont..)
A fair and balanced conditions of contract is very important
both for the contractor as well as the employer. A unilateral
contract may cause disputes and if disputes between employer
and contractor occurred, the only result was “the employer is
the looser”.
DISCUSS IN DETAIL
Employers
requirements with
the Contractor, and
negotiate a modified
FIDIC Contract
Genesis of FIDIC Contracts
First FIDIC Works Contract was published in 1957
–“Conditions of Contract (International) for Works of Civil
Engineering Construction” – known as the “Red Book”.
Aims:
standardise the terminology;
make the documents as user-friendly as possible;
solve the problem of the Engineer not seen as acting
impartially while he was employed and paid by the
Employer.
Genesis of FIDIC Contracts (Cont..)
The Construction Contract (Red Book) is based on design
provided by the Employer.
The Plant Contract (Yellow Book), the Design, Build &
Operate Contract (Gold Book) and the EPC/Turnkey
Contract (Silver Book) are based on design by the
Contractor.
Under the 1999 Red Book, the Contractor is paid on
are(measurement basis for constructing works designed
by others.
Under the other books, the Contractor is paid on a lump
sum basis for providing works to his own design.
Structure of the documents
Each includes:
General Conditions
Guidance for the Preparation of the Particular Conditions
Letter of Tender, Contract Agreement and Dispute
Adjudication Agreements
Appendix to Tender (giving essential project data)
Example Forms.
General Conditions are intended to be used unchanged.
Changes to suit an Employer’s own requirements are
illegal and in breach of copyright.
All project- and country-specific info in Particular
Conditions.
FIDIC: Traditional Forms
Conditions of Contract for Works of Civil Engineering
Construction (Red Book) Fourth Edition 1987
Employer’s Representative
not required to be impartial
determine matters fairly, reasonably and in accordance
with the Contract
Disadvantages:
The forms are complex and need the capability
development to understand
Thank you
For
your Attention