Ebook: FIDIC - A Guide for Practitioners

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.

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This book provides an introduction to the 1999 FIDIC forms of contract including the FIDIC Red Book, the FIDIC Yellow Book, the FIDIC Silver Book and the new 2008 FIDIC Gold Book. Consulting engineers, architects and employers will also find reliable information about the FIDIC White Book. The authors explain the meaning of terms and features which are used by FIDIC. In particular the authors attempt to explain the English legal wording in its original legal context for use in civil law countries. Common law practitioners will find useful advice on civil law features and concepts which affect the use of FIDIC contracts in civil law countries. The book covers pre-contractual and contractual issues and the management of FIDIC contracts and offers support in interpreting and understanding the contract terms and contract procedures as to variations, tests, payment certificates, taking-over cases, claims and dispute resolution features. It includes flow charts, glossaries, checklists and sample letters. Common law practitioners will also find helpful information on civil law jurisdictions and civil law concepts.

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This book provides an introduction to the 1999 FIDIC forms of contract including the FIDIC Red Book, the FIDIC Yellow Book, the FIDIC Silver Book and the new 2008 FIDIC Gold Book. Consulting engineers, architects and employers will also find reliable information about the FIDIC White Book. The authors explain the meaning of terms and features which are used by FIDIC. In particular the authors attempt to explain the English legal wording in its original legal context for use in civil law countries. Common law practitioners will find useful advice on civil law features and concepts which affect the use of FIDIC contracts in civil law countries. The book covers pre-contractual and contractual issues and the management of FIDIC contracts and offers support in interpreting and understanding the contract terms and contract procedures as to variations, tests, payment certificates, taking-over cases, claims and dispute resolution features. It includes flow charts, glossaries, checklists and sample letters. Common law practitioners will also find helpful information on civil law jurisdictions and civil law concepts.

Content:
Front Matter....Pages i-xxxv
Legal Systems....Pages 1-53
Conflict of Laws....Pages 55-70
English and International Standard Forms of Contract....Pages 71-79
Civil Law Business Terms....Pages 81-82
Development Stages....Pages 83-98
Understanding FIDIC: A Civil Law Approach....Pages 99-123
FIDIC Contract Documents....Pages 125-176
Employer’s Duties....Pages 177-190
Contractor’s Duties....Pages 191-208
Design Responsibility....Pages 209-219
Engineer....Pages 221-236
Time for Completion....Pages 237-259
Variations....Pages 261-281
Tests....Pages 283-288
Certificates....Pages 289-304
Defects Notification Period and (Post Contractual) Defects Liability....Pages 305-315
Termination....Pages 317-324
Discharge, Frustration and Force Majeure....Pages 325-333
Risk, Insurance and Exceptional Risk....Pages 335-350
Bonds, Guarantees, Letters of Credit....Pages 351-356
Claim Management....Pages 357-391
Disputes....Pages 393-416
Samples....Pages 417-432
Delay Schedule....Pages 433-435
Back Matter....Pages 437-443

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This book provides an introduction to the 1999 FIDIC forms of contract including the FIDIC Red Book, the FIDIC Yellow Book, the FIDIC Silver Book and the new 2008 FIDIC Gold Book. Consulting engineers, architects and employers will also find reliable information about the FIDIC White Book. The authors explain the meaning of terms and features which are used by FIDIC. In particular the authors attempt to explain the English legal wording in its original legal context for use in civil law countries. Common law practitioners will find useful advice on civil law features and concepts which affect the use of FIDIC contracts in civil law countries. The book covers pre-contractual and contractual issues and the management of FIDIC contracts and offers support in interpreting and understanding the contract terms and contract procedures as to variations, tests, payment certificates, taking-over cases, claims and dispute resolution features. It includes flow charts, glossaries, checklists and sample letters. Common law practitioners will also find helpful information on civil law jurisdictions and civil law concepts.

Content:
Front Matter....Pages i-xxxv
Legal Systems....Pages 1-53
Conflict of Laws....Pages 55-70
English and International Standard Forms of Contract....Pages 71-79
Civil Law Business Terms....Pages 81-82
Development Stages....Pages 83-98
Understanding FIDIC: A Civil Law Approach....Pages 99-123
FIDIC Contract Documents....Pages 125-176
Employer’s Duties....Pages 177-190
Contractor’s Duties....Pages 191-208
Design Responsibility....Pages 209-219
Engineer....Pages 221-236
Time for Completion....Pages 237-259
Variations....Pages 261-281
Tests....Pages 283-288
Certificates....Pages 289-304
Defects Notification Period and (Post Contractual) Defects Liability....Pages 305-315
Termination....Pages 317-324
Discharge, Frustration and Force Majeure....Pages 325-333
Risk, Insurance and Exceptional Risk....Pages 335-350
Bonds, Guarantees, Letters of Credit....Pages 351-356
Claim Management....Pages 357-391
Disputes....Pages 393-416
Samples....Pages 417-432
Delay Schedule....Pages 433-435
Back Matter....Pages 437-443
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