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

An Employer s and Engineer s Guide to the FIDIC Conditions of Contract Author Michael D. Robinson
ISBN-10 9781118385760
Year 2013-02-05
Pages 232
Language en
Publisher John Wiley & Sons

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


FIDIC Author Robert Knutson
ISBN-10 9789041123237
Year 2005
Pages 391
Language en
Publisher Kluwer Law International

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.

A Contractor s Guide to the FIDIC Conditions of Contract

A Contractor s Guide to the FIDIC Conditions of Contract Author Michael D. Robinson
ISBN-10 1119993407
Year 2011-02-16
Pages 280
Language en
Publisher John Wiley & Sons

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.

FIDIC A Guide for Practitioners

FIDIC   A Guide for Practitioners Author Axel-Volkmar Jaeger
ISBN-10 364202100X
Year 2009-11-11
Pages 446
Language en
Publisher Springer Science & Business Media

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.

FIDIC Contracts Law and Practice

FIDIC Contracts  Law and Practice Author Ellis Baker
ISBN-10 9781317911890
Year 2013-07-31
Pages 624
Language en
Publisher CRC Press

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

Baurechtliche Konfliktbeilegung durch Adjudikationsverfahren am Beispiel der FIDIC Vertragsbedingungen

Baurechtliche Konfliktbeilegung durch Adjudikationsverfahren am Beispiel der FIDIC Vertragsbedingungen Author Christian Piroutek
ISBN-10 9783847006701
Year 2016-12-05
Pages 332
Language de
Publisher Vandenhoeck & Ruprecht

In Germany, classic conflict resolution through the construction process has been in the firing line for years. In search of practical solutions, the focus in recent times has been increasingly directed towards extrajudicial dispute resolutions by adjudication. The author begins by examining the procedure of a conflict resolution carried out by a Dispute Adjudication Board according to the current contractual terms of the international construction practice of the International Federation of Consulting Engineers (FIDIC). Based on this reference model, the adjudication models developed for the German market are systematised and critically assessed. In closing, the requirements for legal implementation of the adjudication procedure in Germany are outlined and summarised in draft legislation.

Vertragsanpassung und Streitbeilegung bei internationalen Bauprojekten auf Basis der FIDIC Standardvertragsmuster

Vertragsanpassung und Streitbeilegung bei internationalen Bauprojekten auf Basis der FIDIC Standardvertragsmuster Author Sebastian Bathe
ISBN-10 9783832492236
Year 2006-01-05
Pages 314
Language de

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.

FIDIC Users Guide

FIDIC Users  Guide Author Brian W. Totterdill
ISBN-10 0727734415
Year 2006-01-01
Pages 405
Language en
Publisher Thomas Telford

This guide focuses on the practical administration of the contract and recognises the growing tendency for projects to be administered by local employers, consultants and contractors as well as by the experienced international organisations. It provides flow charts and a clause-by-clause commentary on both of the main FIDIC Contracts, including the new concepts and revisions to many of the important clauses. The changes and additions in the 2005 MDB Harmonised Edition, published by FIDIC in conjunction with the major Multilateral Development Banks, are also evaluated. This book will assist those preparing contract documents, as well as those who are administering projects on site or dealing with claims and disputes. It includes a comparison of the different FIDIC Contracts, including a comparison of clause numbers to assist those who are familiar with the traditional FIDIC Red Book.

Understanding the New FIDIC Red Book

Understanding the New FIDIC Red Book Author Jeremy Glover
ISBN-10 0421915900
Year 2006
Pages 434
Language en
Publisher Sweet & Maxwell

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.

Understanding the FIDIC Red Book

Understanding the FIDIC Red Book Author Jeremy Glover
ISBN-10 9780414044609
Year 2011
Pages 490
Language en
Publisher Sweet & Maxwell

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

The FIDIC Contracts

The FIDIC Contracts Author Andy Hewitt
ISBN-10 9781118291788
Year 2014-04-25
Pages 344
Language en
Publisher John Wiley & Sons

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

The FIDIC Forms of Contract

The FIDIC Forms of Contract Author Nael G. Bunni
ISBN-10 9781118658659
Year 2013-02-05
Pages 872
Language en
Publisher John Wiley & Sons

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.