The FIDIC Forms of Contract

Author: Nael G. Bunni

Publisher: John Wiley & Sons

ISBN: 1118658655

Category: Law

Page: 872

View: 6566


In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.

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: 2052


When all parties involved in the construction process fully understand their roles and are able to anticipate potential points of conflict, disputes and delays will be minimised. The Employer’s and Engineer’s Guide to the FIDIC Conditions of Contract sets out the essential administrative requirements of a FIDIC based contract by reference to the FIDIC 1999 Red Book. The obligations and duties of the Employer and the Engineer are identified and discussed. Potential pitfalls are highlighted and likely consequences pointed out. The importance of the Employer’s role in the preparation of tenders, which fully reflect his requirements and duties and obligations arising in the execution of the works, is emphasised. The key role of the Engineer in the effective administration of contracts after award is examined and commentary provided. Included in the guide are a number of appendices, including model letters which will be of value to less experienced staff (particularly those whose mother-tongue is not the English language). Engineers, quantity surveyors and project managers engaged in the contractual administration of international projects using FIDIC forms of contract will find the concise guidance in simple and 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 of the Contractor – represents the totality of supervision, design and execution of construction projects executed under the FIDIC Conditions of Contract. This book’s companion website offers invaluable resources to 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

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: 8547


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: 9050


A ready-reference on the contractual obligations of the various parties for a FIDIC construction contract. ‘It is clear that there is less chance of failure to observe contract compliance using [this] book, than reliance on reading though the appropriate clauses in the contract… A big plus is that those using the book will find answers to queries relating to contractual issues arising from the FIDIC contracts conditions in a fraction of the time it would take if it were necessary to study the full text… For those using the FIDIC forms for the first time, or infrequently, this book is a must, whilst experienced users will find it a valuable memory jogger. Whichever category the reader falls into, using this book should improve performance…The book is ideal for engineers, quantity surveyors, contract managers and any person whose job it is to understand the workings of a FIDIC contract.‘ From the book’s Foreword by Roger Knowles The most important part of any contract is the obligations of the parties, the time frames in which the parties must perform these obligations, and the consequences of failing to meet them. Failure to carry out obligations correctly is a serious risk and common source of contention or claims. This practical ready-reference on the contractual obligations of the various parties for a FIDIC construction contract promotes efficient administration of construction projects, prevents contention and aids an easier understanding of their obligations. The FIDIC Contracts: obligations of the parties is presented in an easily-referenced format, with the obligations set out in tabular form and clear summaries for each type of contract given in separate sections for the Employer, the Contractor and the Engineer. This guide’s ready–reference style will enable the project manager, quantity surveyor or contract manager to quickly check that his company is performing the required obligations correctly - and also to ensure the other parties are doing the same. a practical reference guide to the obligations of the parties under FIDIC contracts this easily understood digest will be welcomed by anyone dealing with the FIDIC forms of contract clearly referenced summaries set out in a table format

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: 6191


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.

The FIDIC Form of Contract

The Fourth Edition of The Red Book

Author: Nael G. Bunni

Publisher: Wiley-Blackwell

ISBN: 9780632040797

Category: Technology & Engineering

Page: 658

View: 3769


The FIDIC Form of Contract is used for international civil engineering work and for major international building projects. This major reference, written by a consulting engineer with wide experience in contracts, analyses the rights and obligations of the parties and the allocation of risks. Because the book was first published in 1991, this new edition takes into account recent amendments to the form, the new Supplement to the contract, new case law, and major new material on dispute resolution.

FIDIC Contracts: Law and Practice

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

Publisher: CRC Press

ISBN: 131791189X

Category: Law

Page: 624

View: 6394


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

FIDIC - A Guide for Practitioners

Author: Axel-Volkmar Jaeger,Götz-Sebastian Hök

Publisher: Springer Science & Business Media

ISBN: 9783642021008

Category: Law

Page: 446

View: 5344


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.


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: 7942


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.

International Construction Contract Law

Author: Lukas Klee

Publisher: John Wiley & Sons

ISBN: 1119430526

Category: Law

Page: 864

View: 689


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.

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: 6021


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

Conditions of Contract for Design-build and Turnkey

Author: Fédération internationale des ingénieurs-conseils

Publisher: N.A

ISBN: 9782884320108

Category: Construction contracts

Page: 75

View: 5392


The terms of the Conditions of Contract for Design - Build and Turnkey have been prepared by the Federation Internationale des Ingenieurs Conseils (FIDIC) and are recommended for general use for the purpose of the design and construction of works where tenders are invited on an international basis; with minor modifications, the Conditions are also suitable for use on domestic contracts.

FIDIC User's Guide

A Practical Guide to the 1999 Red Book

Author: Brian W. Totterdill

Publisher: Thomas Telford

ISBN: 9780727728852

Category: Civil engineering contracts

Page: 304

View: 9634


In recent years, the increase in the size and complexity of projects and the increasing demand from Clients and Employers that projects should finish on time and within budget have increased the pressures for improved management techniques on construction sites. An important feature of improved project management is a reduction in the time and cost of claims negotiation and dispute resolution. One of the consequences of the movement towards improving efficiency and reducing costs has been the increasing use of the Conditions of Contract as a manual of good project management procedures. The FIDIC family of Conditions of Contract have been revised to meet this demand. The FIDIC Conditions of Contract for Construction (known as the 'New Red Book') was launched in September 1999 and is the most commonly used Conditions of Contract for international civil engineering construction. FIDIC Users' Guide: A Practical Guide to the 1999 Red Book focuses on the practical administration of the contract recognising the growing tendency for projects to be administered by local employers, consultants and contractors, rather than by international organisations. This new book is a practical and essential guide for all those who use the FIDIC Conditions of Contract, based on the author's practical experience of construction projects, conducting training courses and the resolution of disputes. It is intended to assist the people who are preparing Contract documents as well as those who are administering the project on the Site or dealing with claims and disputes. This important book includes a detailed review of the Conditions of Contract for Construction and comparisons with the other FIDIC Contracts, which were published in 1999. There is also a comparison with previous FIDIC Contracts and a comparison of clause numbers to assist those who are familiar with the traditional FIDIC Red Book. Written by an independent Consultant, this guide tackles the problems involved in administering the new FIDIC contract. It provides a clause-by-clause commentary on the new rules that include the revision of many of the important clauses and some new concepts. FIDIC Users' Guide: A Practical Guide to the 1999 Red Book will be essential reading for engineers, surveyors and managers who administer international construction contracts.

Conditions of Contract for Plant and Design-build

For Electrical and Mechanical Works and for Building and Engineering Works Designed by the Contractor

Author: N.A

Publisher: N.A

ISBN: 9782884320238

Category: Conditions (Law)

Page: 100

View: 9167


Conditions of Contract for Plant and Design-Build , which are recommended for the provision of electrical and/or mechanical plant, and for the design and execution of building or engineering works. Under the usual arrangements for this type of contract, the Contractor designs and provides, in accordance with the Employer's requirements, plant and/or other works; which may include any combination of civil, mechanical, electrical and/or construction works.

International Construction Contracts

A Handbook

Author: William Godwin

Publisher: John Wiley & Sons

ISBN: 1118498461

Category: Law

Page: 224

View: 6640


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.

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: 3481


Forum for debate of current developments and problems in all areas of commercial law. This book has expert practitioners and academics consider and analyse legislation and case law. A distinguished editorial board identifies the key themes for discussion.

Risk and Insurance in Construction

Author: Nael G. Bunni

Publisher: Routledge

ISBN: 1135816573

Category: Law

Page: 496

View: 6042


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.

FIDIC Users' Guide

A Practical Guide to the Red, Yellow, Mdb Harmonised and Subcontract Books

Author: Brian Barr,Leo Grutters

Publisher: Inst of Civil Engineers Pub

ISBN: 9780727758569

Category: Technology & Engineering

Page: 617

View: 1356


This new edition builds on Brian Totterdill's legacy and will ensure that all users are brought up-to-date with the most recent FIDIC developments and its expansion into a more international arena.