The FIDIC Forms of Contract

Author: Nael G. Bunni

Publisher: John Wiley & Sons

ISBN: 1118658655

Category: Law

Page: 872

View: 4275

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In September 1999, FIDIC introduced its new Suite of Contracts,which included a “new” Red, Yellow, Silver and Greenforms of contract. The “new” Red Book was intended toreplace the 1992 fourth edition of the Red Book, with the ambitionthat its use would cease with time. This ambition has notmaterialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been verylittle published on the new concepts adopted in them and how theyinteract with the previous forms. This important work considersthese aspects together with the many developments affecting thefourth edition of the Red Book that have taken place since 1997,when the second edition of this book was published, and relatesthem to key contracting issues. It is written by a charteredengineer, conciliator and international arbitrator with wideexperience in the use of the FIDIC Forms and in the various disputeresolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms ofcontract; · a detailed comparison of the wording of the1999 threemain forms, which although similar in nature; it neverthelesssignificantly differs in certain areas where the three formsdiverge due to their intended purpose; · analysis of the rights and obligations of the partiesinvolved in the contract and the allocation of risksconcerned; · a range of ‘decision tree’ charts, analysingthe main features of the 1992 Red Book, including risks,indemnities and insurances, claims and counterclaims, variations,procedure for claims, programme and delay, suspension, payments andcertificates, dispute resolution mechanisms, and disputeboards; · a much enlarged discussion of the meaning of“claim” and “dispute” and the types ofclaim with a discussion of the Notice provision in the 1999 formsof contract for the submittal of claims by a contractor and by anemployer; · the FIDIC scheme of indemnities and insurancerequirements; and the methods of dispute resolution provided by thevarious forms of contract; and · five new chapters in this third edition, the first fourchapters deal with each of the 1999 forms and the fifth chapter isconfined to the topic of Dispute Boards.

A Contractor's Guide to the FIDIC Conditions of Contract

Author: Michael D. Robinson

Publisher: John Wiley & Sons

ISBN: 9781119993407

Category: Law

Page: 280

View: 6069

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This guide will help the contractor’s staff overcome some of the difficulties encountered on a typical international contract using FIDIC forms. The majority of FIDIC-based contracts use the Red Book (Conditions of Contract for Construction), so this book concentrates on the use of those particular forms. Supplementary comments are included in Appendix C for the Yellow Book (Plant & Design-Build) recommended for use where the contractor has a design responsibility. The Contractor is represented on site by the Contractor’s Representative who carries the overall responsibility for all the Contractor’s on-site activities. In order to provide guidance to the Contractor’s Representative and his staff, this book is divided into five sections: A summarized general review of the Red Book from the Contractor’s perspective. A review of the activities and duties of the Contractor’s Representative in the same clause sequencing as they appear in the Red Book. A summary of these activities and duties but arranged in order of their likely time sequence on site. This has the added intention of providing the Contractor’s Representative with a means of ensuring that documents are not only properly provided to the Employer and Engineer, but most importantly that they are provided within the time limits specified in the Contract. A selection of model letters is provided which make reference to the various clauses of the contract requiring the Contractor to make submissions to the Employer or Engineer. Various appendices. The guide is not intended to be a review of the legal aspects of FIDIC- based contracts; legal advice should be obtained as and when necessary, particularly if the Contractor has little or no knowledge of the local law. Armed on site with a copy of The Contractor and the FIDIC Contract, the Contractor’s Representative will be more able to avoid contractual problems rather than spend considerable time and energy resolving those problems once they have arisen.

The FIDIC Contracts

Obligations of the Parties

Author: Andy Hewitt

Publisher: John Wiley & Sons

ISBN: 1118291786

Category: Law

Page: 344

View: 9748

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‘It is clear thatthere is less chance of failure to observe contract complianceusing [this] book, than reliance on reading though the appropriateclauses in the contract… A big plus is that those using thebook will find answers to queries relating to contractual issuesarising from the FIDIC contracts conditions in a fraction of thetime it would take if it were necessary to study the fulltext… For those using the FIDIC forms for the first time, orinfrequently, this book is a must, whilst experienced users willfind it a valuable memory jogger. Whichever category the readerfalls into, using this book should improve performance…Thebook is ideal for engineers, quantity surveyors, contract managersand any person whose job it is to understand the workings of aFIDICcontract.‘ From the book’s Foreword by Roger Knowles The most important part of any contract is the obligations ofthe parties, the time frames in which the parties must performthese obligations, and the consequences of failing to meet them.Failure to carry out obligations correctly is a serious risk andcommon source of contention or claims. This practical ready-reference on the contractual obligations ofthe various parties for a FIDIC construction contract promotesefficient administration of construction projects, preventscontention and aids an easier understanding of their obligations.The FIDIC Contracts:obligations of the parties is presented in an easily-referencedformat, with the obligations set out in tabular form and clearsummaries for each type of contract given in separate sections forthe Employer, the Contractor and the Engineer. This guide’s ready–reference style will enable theproject manager, quantity surveyor or contract manager to quicklycheck that his company is performing the required obligationscorrectly - and also to ensure the other parties are doing thesame.

An Employer's and Engineer's Guide to the FIDIC Conditions of Contract

Author: Michael D. Robinson

Publisher: John Wiley & Sons

ISBN: 1118385764

Category: Law

Page: 232

View: 5226

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When all parties involved in the construction process fullyunderstand their roles and are able to anticipate potential pointsof conflict, disputes and delays will be minimised. The Employer’s and Engineer’s Guide to the FIDICConditions of Contract sets out the essential administrativerequirements of a FIDIC based contract by reference to the FIDIC1999 Red Book. The obligations and duties of the Employer and the Engineer areidentified and discussed. Potential pitfalls are highlighted andlikely consequences pointed out. The importance of the Employer’s role in the preparationof tenders, which fully reflect his requirements and duties andobligations arising in the execution of the works, is emphasised.The key role of the Engineer in the effective administration ofcontracts after award is examined and commentary provided. Included in the guide are a number of appendices, includingmodel letters which will be of value to less experienced staff(particularly those whose mother-tongue is not the Englishlanguage). Engineers, quantity surveyors and project managers engaged inthe contractual administration of international projects usingFIDIC forms of contract will find the concise guidance in simpleand jargon-free language provided here invaluable. This, together with the author’s earlier book,Contractor’s Guide to the FIDIC Conditions of Contract- which describes the duties, rights and responsibilities ofthe Contractor – represents the totality of supervision,design and execution of construction projects executed under theFIDIC Conditions of Contract. This book’s companion website offers invaluable resourcesto freely download, adapt and use: Model letters for use by the Employer Model letters for use by the Contractor Sample Interim Payment Certificate Model Form for Submissions to the Engineer Model Form of Engineer’s Order for Varied Works Model Form of Daywork/Daily Record Sheets

FIDIC

An Analysis of International Construction Contracts

Author: Wilfred Abraham,Maria Isabel De Almeida Alvarenga

Publisher: Kluwer Law International B.V.

ISBN: 9041123237

Category: Law

Page: 391

View: 9310

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In this unique guide to the suite of contracts published by FIDIC (The International Federation of Consulting Engineers) - the contract forms most widely used for international construction undertakings - twenty-two outstanding authorities in construction law from a wide variety of countries, describe relevant likely pitfalls (and special opportunities) for foreign lawyers in each of their jurisdictions. This very useful book will be extremely welcome to in-house counsel who must evaluate the legal disposition of a proposed or pending construction contract subject to the laws of a foreign jurisdiction. It will continue to be of service as long as the project proceeds and beyond, particularly for the optimal resolution of disputes.

Understanding the New FIDIC Red Book

A Clause-by-clause Commentary

Author: Jeremy Glover,Christopher Thomas,Simon Hughes

Publisher: Sweet & Maxwell

ISBN: 9780421915909

Category: Engineering contracts

Page: 434

View: 1690

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Provides guidance on using the 2005 editions of the JCT standard forms of contract. This work reproduces the complete suite of 2005 contracts and comments on the major contracts in a clause-by-clause fashion, with explanations on the variations in related contracts. It acts as a useful tool for the contracts in the 1998 suite of JCT contracts

FIDIC Contracts: Law and Practice

Author: Ellis Baker,Ben Mellors,Scott Chalmers,Anthony Lavers

Publisher: CRC Press

ISBN: 1317911903

Category: Law

Page: 624

View: 1811

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FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386

Handbuch des internationalen Bauvertrags

Mit einer Kommentierung wesentlicher FIDIC-Vertragsmuster

Author: Thomas Hamerl,Nikolaus Weselik

Publisher: Linde Verlag GmbH

ISBN: 3709405378

Category: Law

Page: 300

View: 4778

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Optimale Bauvertragsgestaltung bei Auslandsprojekten Ein Praxishandbuch für Juristen, Techniker und Bauwirtschaftler aus dem gesamten deutschsprachigen Raum, die bei Projekten im In- und Ausland mit international verwendeten Bauverträgen – vor allem mit FIDIC-Vertragsmustern – zu tun haben. Abgedeckt werden va Bauverträge, Anlagenbau, EPC’s und Turn-Key-Verträge. Die Autoren behandeln viele der in der Praxis oft heiklen Themen bei Leistungsänderungen, Tests und Abnahme, ebenso Fragen der Haftung und der Streitbeilegung und geben dazu konkrete Praxistipps.

Vertragsanpassung und Streitbeilegung bei internationalen Bauprojekten auf Basis der FIDIC-Standardvertragsmuster

Ein Vergleich mit den deutschen Regelungen der VOB/B

Author: Sebastian Bathe

Publisher: diplom.de

ISBN: 3832492232

Category: Business & Economics

Page: 314

View: 3942

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Die Abwicklung von Bauverträgen erfolgt in den industrialisierten Ländern bzw. bei Großprojekten unabhängig von ihrer geografischen Orientierung stets unter dem Gesichtspunkt besonderer Rahmenbedingungen, die man als strukturelle Besonderheiten der Bauprojektentwicklung bezeichnen kann. Jedoch stehen diesen Rahmenbedingungen national unterschiedliche Branchen-, Organisations- und Vertragsstrukturen zur Projektabwicklung gegenüber. Vor diesem Hintergrund gestaltet sich die Situation der Projektbeteiligten in Deutschland derzeit nicht allein aufgrund konjunktureller Einflussfaktoren problematisch. Gewandelte Rahmenbedingungen der Bauwirtschaft zeigen zurzeit deutlich, dass hier die traditionellen Modelle der Vertragsabwicklung an zentralen Punkten ineffizient bzw. suboptimal geworden sind. Vor diesem Hintergrund gilt es, neue Konzepte zu formulieren, die den veränderten Anforderungen besser gerecht werden und den Weg für eine effizientere Projektabwicklung ebnen. Ein Ansatz dafür ist die Reformierung der Bauvertragsstrukturen in Deutschland. Hier bieten etwa die ausländische Bauwirtschaft oder international etablierte Vertragsformen entsprechende Innovationspotentiale. Ein Beispiel für eine erfolgreiche auf Deutschland adaptierte Vertragsalternative liefern die aus dem angelsächsischen Recht stammenden GMP-Verträge. Grundsätzlich ist jedoch zu sagen, dass es aufgrund verschiedener Rechtssysteme und Branchenstrukturen in den einzelnen Ländern schwer bzw. unmöglich ist jede effiziente Vertragsform auf die nationale Ebene zu übertragen. Dennoch können ggf. Lösungsansätze für die operative bzw. strukturelle Abwicklung typischer Vertragsprobleme gefunden werden, um sie dann mittels geeigneter Vertragsklauseln auch in Deutschland einzusetzen, sofern sie nicht gegen gültige Rechtsprinzipien verstoßen. Das Ziel der Arbeit ist es, in diesem Zusammenhang die internationalen gebräuchlichen FIDIC-Vertragsmuster vorzustellen und im Hinblick auf ihre Adaption von Verfahrensregeln zur Lösung zentraler Kernprobleme des Bauvertrages zu analysieren.

Understanding the FIDIC Red Book

A Clause by Clause Commentary

Author: Jeremy Glover,Simon Hughes

Publisher: Sweet & Maxwell

ISBN: 0414044606

Category: Engineering contracts

Page: 490

View: 9171

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This work examines the International Federation of Consulting Engineers' contracts and breaks them down, making them both easier to understand and to refer to.

Handbuch des internationalen und ausländischen Baurechts

Author: Götz-Sebastian Hök

Publisher: Springer-Verlag

ISBN: 3540274502

Category: Law

Page: 1222

View: 8488

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Dieses Praxis-Handbuch liefert das Know-how für die Erstellung eigener Vertragsbedingungen im Auslandsgeschäft. Es erläutert das anwendbare Recht in Fällen mit Auslandsbezug und erklärt ausführlich Bau- und Architektenverträge sowie weitere Vertragsarten. Weitere Themen befassen sich mit international üblichen Vertragsklauseln, internationalen Baustreitigkeiten und deren Beilegung, Finanzierung internationaler Bauvorhaben, Auftragsvergabe durch öffentliche Stellen sowie Vergaberecht der Weltbank.

Civil Engineering Contracts

An Introduction to Construction Contracts and the ICE Model Form of Contract

Author: Stephen Wearne

Publisher: Thomas Telford

ISBN: 9780727713537

Category: Technology & Engineering

Page: 108

View: 6911

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Contracts and equivalent internal orders are the means of linking the design and construction of all civil engineering projects. To be effective these have to state who is who, what is to be constructed, where, when and how much payment will be due and what is to happen if these intentions are frustrated. They are therefore of vital importance to all engineers working in design or construction.

Construction Law

Author: Julian Bailey

Publisher: CRC Press

ISBN: 1317912640

Category: Law

Page: 2770

View: 407

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Construction Law by Julian Bailey provides a detailed treatment of the major issues arising out of construction and engineering projects, with extensive references to case law, statutes and regulations, standard forms of contract and legal commentary. It is a “one stop shop” for busy practitioners with construction law issues as it presents a comprehensive view of the subject matter of construction law in England, Wales, Australia and internationally. Construction Law provides: Detailed treatment of the major issues arising out of construction and engineering projects, with extensive references to case law, statutes and regulations, standard forms of contract and legal commentary. A three-volume work, giving a comprehensive view of the subject matter of construction law in England, Wales, Australia and internationally. A “one stop shop” for all your construction law issues.

FIDIC Plant and Design-Build Form of Contract Illustrated

Author: Raveed Khanlari,Mahdi Saadat Fard

Publisher: John Wiley & Sons

ISBN: 111889622X

Category: Law

Page: 344

View: 9586

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The Conditions of Contract prepared by FIDIC are used extensively as the standard contract of choice in international construction and civil engineering projects. Engineers working on these projects need to be aware of these contracts, but as the forms are complex it can be difficult to draw together all the sub-clauses relating to a particular issue. The FIDIC Plant and Design-Build Forms of Contract Illustrated crystallizes the requirements of the FIDIC P&DB contract into a range of simple to follow flow charts, providing a clear and concise way to rapidly assimilate the requirements of each clause. The relationship between the various clauses in the contract, the concepts, process methods and actors involved in each sub-clause are all easily seen, and key issues around each topic (such as periods allowed, notices, etc) are all documented. In addition, related sub-clauses and/or important additional documents are linked so that the reader has a full understanding of the wider implications of each clause.

International Construction Contracts

A Handbook

Author: William Godwin

Publisher: John Wiley & Sons

ISBN: 1118498461

Category: Law

Page: 224

View: 5351

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Many large construction projects, such as those in the Middle East or Asia Pacific, are international in scope with a range of contractors and subcontractors signing contracts for delivery of specified work or services. The contractual situation in these instances may be complex and potentially includes a range of standard and bespoke contractual arrangements. In addition, the parties to these contracts may be based in different parts of the world, and are often working to different legal systems and understandings. This can lead to confusion in the understanding, interpretation and execution of a given contract. International Construction Contracts provides concise and practical guidance to those involved in the negotiation and management of international construction and engineering contracts. It sets out in clear, straightforward language the main features of construction contracts and international dispute resolution procedures. It ensures the reader is aware of the issues that might arise on the contractual side of their project so that they may better protect their party's interests. Many of the features and points discussed are illustrated by reference to the popular FIDIC contracts and the book includes a commentary on the two most widely used FIDIC design-build forms, the Yellow and Silver Books. Also included in the book is a fully worked example of a typical ICC arbitration from start to finish, with "pleadings", a detailed case narrative and commentary on events, and an example arbitration award. The ICC and SIAC arbitration rules are also provided. Written for construction professionals, the book will be of great interest to engineers, architects, project managers, quantity surveyors, contract managers and contract administrators working on international projects.

FIDIC Contracts

Law and Practice

Author: Ellis Baker,Ben Mellors,Scott Chalmers,Anthony Lavers

Publisher: Informa Law

ISBN: 9781843116288

Category: Law

Page: 583

View: 2898

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The FIDIC (Fdration Internationale Des Ingnieurs-Conseils / International Federation of Consulting Engineers) Forms of Contract are used to provide a recognizable common basis of agreement where the project and the principal contract are international, and consist of a suite of contracts. The FIDIC Contracts: Law and Practice covers the full range of FIDIC contracts, providing legal commentary, detailed clause-by-clause analysis, and relevant case law for each of the different forms. The book provides a comprehensive reference for those using the FIDIC forms on contract in international construction and engineering projects. Containing a good blend of practitioner and academic opinion, it highlights controversial issues and outlines the main schools of thought. It is suitable for lawyers practicing in international procurement and dispute resolution. It will also be of benefit to engineers, project managers, quantity surveyors, architects, contractors, and others.

FIDIC - A Guide for Practitioners

Author: Axel-Volkmar Jaeger,Götz-Sebastian Hök

Publisher: Springer Science & Business Media

ISBN: 9783642021008

Category: Law

Page: 446

View: 4933

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In 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known as the ‘‘FIDIC rainbow, were the Conditions of C- tract for: l Construction, the so-called Red Book, for works designed by the Employer l Plant and Design-Build, the so-called Yellow Book, for works designed by the Contractor l EPC/Turnkey Projects, the so-called Silver Book, for works designed by the Contractor The ?rst is intended for construction works where the Employer is responsible for the design, as for per the previous so-called Red Book 4th Edition (1987), with an important role for the Engineer. The other two conditions of contract are intended for situations when the Contractor is responsible for the design. The Plant and Design-Build Contract has the traditional Engineer while the EPC/Turnkey Contract has a two-party arran- ment, generally with an Employer’s Representative as one of the parties.

Risk and Insurance in Construction

Author: Nael G. Bunni

Publisher: Routledge

ISBN: 1135816573

Category: Law

Page: 496

View: 5852

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Those involved in construction have to cope with so much learning in their own discipline that they shun further involvement in subjects such as insurance and law which in themselves are so deeply and intensely complex. However, insurance and law are interwoven in the basic procedures used in the construction industry for undertaking work, be they design, construction, supervision or operation, or any combination of them. This thoroughly revised edition of Nael Bunni's successful book, formerly called Insurance in Construction, provides information on risk, construction law and construction insurance for those involved with all aspects of construction. The chapters on risk have been expanded to include recent developments in the area and provide further examples of events which could occur on what can be viewed as the most risky human work activity, namely construction. New chapters are also added to deal with the insurance clauses of the many new standard forms of contract published in recent years, including FIDIC's new suite of contracts published in September 1999, ICE's seventh edition of the civil engineering standard form of contract, and ICE's second edition of the design/build form.

International Construction Contract Law

Author: Lukas Klee

Publisher: John Wiley & Sons

ISBN: 1119430526

Category: Law

Page: 864

View: 7891

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The updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author — an expert in international construction contracts — puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous contributors. Designed to be an accessible resource, the book includes a basic dictionary of construction contract terminology, many sample letters for Claim Management and a wealth of examples and case studies that offer helpful aids for construction practitioners. The second edition of the text includes: • Updated material in terms of new FIDIC and NEC Forms published in 2017 • Many additional vignettes that clearly exemplify the concepts presented within the text • Information that is appropriate for a global market, rather than oriented to any particular legal system • The essential tools that were highlighted the first edition such as sample letters, dictionary and more • A practical approach to the principles of International Construction Contract Law and construction contract management. Does not get bogged down with detailed legal jargon Written for consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide, the second edition of International Construction Contract Law offers an essential guide to the legal and managerial aspects of large international construction projects.