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Author : Jakob B. Sørensen
Publisher : Unknown
Page : 0 pages
File Size : 45,5 Mb
Release : 2019
Category : Construction contracts
ISBN : 0727764365
Author : William Godwin
Publisher : John Wiley & Sons
Page : 264 pages
File Size : 48,6 Mb
Release : 2020-02-19
Category : Law
ISBN : 9781119514657
Provides a clear and comprehensive guide to the 2017 FIDIC contracts—written by a member of the FIDIC Updates Task Group FIDIC contracts are the most widely used engineering standard form contracts internationally but until 2017 the three main forms (the Red, Yellow and Silver Books) had not been amended or updated for nearly two decades, since the first editions were published in 1999. Written by a specialist lawyer who was member of the FIDIC Updates Task Group responsible for writing the new contracts, this book examines in detail the many substantial changes they have introduced. After providing an overview the contracts are examined clause by clause with the aim of showing how each compares and contrasts with the others and how the second editions compare and contrast with the first. The first chapter describes how the Red, Yellow and Silver Books evolved from earlier contract forms and the distinctive characteristics of each, before providing an overview of the updates, including new potential risks for both Employer and Contractor, and then examining, in the second chapter, key general provisions such as the new rules on notices and limitation of liability. Chapter 3 examines the enhanced role of the Engineer in the Red and Yellow Books/Employer’s Representative’s function in the Silver including the new procedure for determinations as well as the Employer’s obligations and contract administration. The Contractor’s obligations are considered in chapter 4 while chapter 5 examines his responsibility for design in the Yellow and Silver Books. Chapters 6 to 14 deal respectively with plant, materials and workmanship and staff and labour; time-related provisions in the three contracts including extensions of time, and the Employer’s right to suspend the works; testing on and after completion and the Employer’s taking over of the works; defects after taking over, acceptance of the works and unfulfilled obligations; measurement (in the Red Book), the Contract Price and payment; the new variations regime and adjustments to the Price; termination and suspension; care of the works and indemnities and Exceptional Events (previously, Force Majeure). An important feature of the new contracts is their increased emphasis on clarity in the claims process and on dispute avoidance. These topics are examined in the final two chapters, 15 and 16, which deal respectively with the new claims and dispute resolution provisions of the 2017 forms. FIDIC contracts are the most widely used standard forms of contract for international engineering and construction projects Provides a clear and comprehensive guide to the 2017 FIDIC Red, Yellow and Silver Books Written by a senior specialist lawyer and member of the FIDIC 2017 Updates Task Group responsible for writing the new contracts Accessible to those with little or no familiarity with FIDIC contracts The 2017 FIDIC Contracts is an important guide for anyone engaged in international projects, including employers, contractors, engineers, lawyers, suppliers and project financiers/sponsors.
Author : Leo Grutters,Brian Barr
Publisher : Unknown
Page : 480 pages
File Size : 55,8 Mb
Release : 2018-10-31
Category : Electronic
ISBN : 0414058453
FIDIC 2nd Edition Red, Yellow and Silver books provides a unique drafter's-perspective clause-by-clause analysis of the 2016 editions of the FIDIC contracts. Readers will understand how each sub-clause is interlinked and how to minimise and avoid future disputes through the accurate interpretation of clauses.
Author : Fédération internationale des ingénieurs-conseils
Publisher : Unknown
Page : 75 pages
File Size : 40,5 Mb
Release : 1995
Category : Construction contracts
ISBN : 2884320105
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.
Author : Nael G. Bunni
Publisher : John Wiley & Sons
Page : 731 pages
File Size : 48,5 Mb
Release : 2013-02-05
Category : Law
ISBN : 9781118658659
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.
Author : Axel-Volkmar Jaeger,Götz-Sebastian Hök
Publisher : Springer Science & Business Media
Page : 446 pages
File Size : 45,8 Mb
Release : 2009-11-11
Category : Law
ISBN : 9783642021008
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.
Author : Jakob B. Sørensen
Publisher : Unknown
Page : 0 pages
File Size : 40,6 Mb
Release : 2019-03-27
Category : Electronic
ISBN : 0727764349
Author : European International Contractors
Publisher : Unknown
Page : 38 pages
File Size : 43,5 Mb
Release : 2003
Category : Engineering contracts
ISBN : 3980825752
Author : Joseph A. Huse
Publisher : Sweet & Maxwell
Page : 1000 pages
File Size : 51,9 Mb
Release : 2002
Category : Law
ISBN : 0421674105
This work aims to keep criminal lawyers up to date with the latest cases and legislation, and includes longer articles analyzing current trends and important changes in the law. Drawing all aspects of the law together in one regular publication, it allows quick and easy reference
Author : International Federation of Consulting Engineers
Publisher : Unknown
Page : 131 pages
File Size : 48,7 Mb
Release : 2008
Category : Conditions (Law)
ISBN : 2884320520
Author : Kelvin Hughes
Publisher : Routledge
Page : 329 pages
File Size : 44,8 Mb
Release : 2020-12-20
Category : Law
ISBN : 9781000297256
Understanding FIDIC explains in simple and practical terms what is often seen as a very complex range of international engineering and construction contracts. Covering the FIDIC 2017 Red, Yellow and Silver Books (referred to as "The Rainbow Suite"), the book gives an overview of all three contracts, including coverage of changes between the 1999 contracts and the present 2017 suite. FIDIC contracts are widely used as far afield as Europe, the Middle East, Asia and Australia, and this book provides a practical yet thorough guide to the key elements that practitioners preparing and administering these contracts would need to be aware of. In his approachable and readable style, Kelvin Hughes covers: The obligations and responsibilities of the Employer, the Employer’s Representative, the Engineer and the Contractor Quality and Defects Liability Design Responsibility and Liability Variations, Measurement and Payment Procedures Progress, Delays, Extensions of Time and Completion Suspension and Termination Insurances Employer’s and Contractor’s Claims The Dispute Avoidance/Adjudication Board and the Resolution of Disputes Tendering Anyone working with FIDIC contracts whether as the Employer, Employer’s Representative, Engineer or Contractor will benefit greatly from this easy-to-read guide to the Rainbow Suite. Students on professional courses or researching the contracts for project work will also find this book extremely useful.
Author : Michael D. Robinson
Publisher : John Wiley & Sons
Page : 229 pages
File Size : 55,8 Mb
Release : 2013-04-22
Category : Law
ISBN : 9781118385609
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
Author : Cyril Chern
Publisher : Wiley-Blackwell
Page : 0 pages
File Size : 42,7 Mb
Release : 2008-01-01
Category : Technology & Engineering
ISBN : 140517062X
Dispute boards were first introduced almost 20 years ago. Since then close to $100 billion US dollars worldwide has been spent on construction projects that have used dispute boards. Of these, 98% were constructed without any court battles and of the remaining 2%, the dispute board decisions were upheld by either arbitration and/or the court: a truly impressive record. Yet very little is known about what dispute boards are and how they operate. This book provides the knowledge necessary for those actively involved in dispute board work as well as for those who need to learn the process. Important features of the book include: analysis of the differences between dispute adjudication boards, dispute resolution boards and combined dispute boards in-depth discussion of both the existing and historical international case law on dispute boards, including its history under the British common law, European civil law and Muslim Sharī’ah law analysis of the differences between the various major standard forms of dispute board rules – FIDIC, International Chamber of Commerce and DBFederation - along with sample wording to add to or modify these forms as needed. analysis of how referrals are made to dispute boards and sample forms. an in-depth discussion of the ethical requirements relating to dispute board members comparison of board selection techniques with guidelines for implementation and recommendations for the parties sample forms for use in establishing a dispute board discussion of site visits, how they should be conducted and sample forms general forms for use in operating a dispute board, form agendas, form reports and their use how to use a dispute board as a sounding board for grievances in depth discussion of how to write a decision or recommendation with examples of actual dispute board decisions and recommendations disclosure forms, questionnaires for potential board members, and comparison of board member agreements and sample forms a discussion of how to effectively use witnesses and the preparation and presentation of witness statements in dispute board hearings forms of notice and procedural rules governing the operation of dispute boards international case studies with claims, responses and decisions analysis of situations requiring the removal of dispute board members and form agreements for their removal discussion of the use of dispute boards in areas other than construction.
Author : Michael D. Robinson
Publisher : John Wiley & Sons
Page : 172 pages
File Size : 55,8 Mb
Release : 2011-02-16
Category : Law
ISBN : 9781119993407
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.
Author : Brian Eggleston
Publisher : John Wiley & Sons
Page : 434 pages
File Size : 52,7 Mb
Release : 2008-04-15
Category : Technology & Engineering
ISBN : 9780470680087
The ICE Conditions continues to be the dominant form of contract for civil engineering, despite the growing importance of the New Engineering Contract. The Seventh Edition of the ICE Conditions, published in 1999, introduced a number of changes, including: incorporating some of the concepts of the Latham Report amending certain provisions of the Sixth Edition which had attracted criticism rectifying conspicuous omissions from the text of earlier editions of the contract correcting small errors and faults from the previous edition modernising certain provisions and terms Brian Eggleston, whose previous book on the ICE Conditions was described as 'likely to become the authoritative reference source for the Sixth Edition', examines the contract clause by clause from a practical and legal viewpoint. There is extensive coverage of case law. Written by an experienced civil engineer and recognized authority on construction contracts, this book is an essential guide.