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Fidic Book Pdf

FIDIC - Conditions of Contract for EPC-Turnkey NY 01/03/09 PM. GENERAL CONDITIONS. GUIDANCE. Swedenl, and Chairman of FIDIC Contracts Committee. 1. Introduction. FIDIC - the International Federation of Consulting Engineers - published late in a. The best known of the FIDIC contracts are the. Red Book (building and engineering works designed by the Employer) and the Yellow. Book (M&E, building and.

CiteULike About this book 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 obligations and duties of the Employer and the Engineer are identified and discussed. Potential pitfalls are highlighted and likely consequences pointed out. 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. Robinson, Independent Consulting Engineer has 50 years of experience with contract management and contractual issues for major civil engineering projects worldwide. Table of Contents.

The costs of stamp duties and similar charges if any imposed by law in connection with entry into the Contract Agreement shall be borne by the Employer.

The Contractor shall keep at all times. Notices and other communications given under the Contract. After receiving such Notice.

The Contractor shall supply to the Engineer one paper-original. The Contract Agreement shall be based on the form annexed to the Particular Conditions. The Engineer shall then proceed as specified under Sub-Clause 3. The Contractor shall not publish. These documents in whole or in part shall not. The Contractor shall treat all documents forming the Contract as confidential.

This licence shall: The Contractor may. The Employer shall indemnify and hold the Contractor harmless against and from the consequences of any delay or failure to do so. This Sub-Clause shall not limit liability in any case of fraud. The total liability of the Contractor to the Employer under or in connection with the Contract.

If no such time is stated in the Contract Data. The right and possession may not be exclusive to the Contractor. The original survey control points. If the Contractor: Where the Engineer is a legal entity. The Engineer shall similarly give a Notice of any revocation of such authority. The Engineer shall be vested with all the authority necessary to act as the Engineer under the Contract.

The authority shall not take effect until this Notice has been received by both Parties.

The Engineer or. The Engineer may exercise the authority attributable to the Engineer as specified in or necessarily to be implied from the Contract. The Engineer shall have no authority to amend the Contract or. If the Engineer is required to obtain the consent of the Employer before exercising a specified authority. Any acceptance. The assignment. Each assistant. FORMS 3. Assistants shall be suitably qualified natural persons. Any act by an assistant. The Contractor shall only take instructions from the Engineer.

This appointment shall be treated as a temporary appointment until this replacement is accepted by the Contractor. If the Engineer is unable to act as a result of death. If the Contractor does not respond within 14 days after receiving this Notice. The Employer shall not replace the Engineer with a person whether a legal entity or a natural person against whom the Contractor has raised reasonable objection by a Notice under this Sub-Clause.

If the Engineer does not respond within 7 days after receiving this Notice. If an instruction states that it constitutes a Variation. The Engineer shall commence such consultation promptly to allow adequate time to comply with the time limit for agreement under Sub-Clause 3. Unless otherwise proposed by the Engineer and agreed by both Parties.

Within the time limit for determination under Sub-Clause 3. If the Engineer does not agree there was an error. The Engineer shall within 7 days of finding the error. If the Engineer does not give the Notice of agreement or determination within the relevant time limit: If an agreement or determination concerns the payment of an amount from one Party to the other Party.

The Engineer shall keep a record of each management meeting and supply copies of the record to those attending and to the Employer.

Fidic Books

In the event that a Party fails to comply with an agreement of the Parties under this Sub-Clause 3. If no NOD is given by either Party within the period of 28 days stated in sub-paragraph c above. At any such meeting. The Contractor shall. When completed. The Contractor shall ensure that the Performance Security remains valid and enforceable until the issue of the Performance Certificate and the Contractor has complied with Sub-Clause No significant alteration to these arrangements and methods shall be made without this alteration having been submitted to the Engineer.

The Contractor shall provide the Plant and spare parts. The Performance Security shall be issued by an entity and from within a country or other jurisdiction to which the Employer gives consent and shall be in the form annexed to the Particular Conditions. If no amount is stated in the Contract Data.

Construction Contract 2nd Ed ( Red Book) | International Federation of Consulting Engineers

If the terms of the Performance Security specify an expiry date. Any amount which is received by the Employer under the Performance Security shall be taken into account: The Employer shall indemnify and hold the Contractor harmless against and from all damages. FORMS 4. The Contractor shall not. If the Engineer does not respond within 28 days after receiving this submission. If consent is withheld or subsequently revoked.

If the Engineer does not respond within 14 days after receiving this submission or further information if requested. The Contractor shall be responsible for the work of all Subcontractors.

These amounts plus other charges shall be included in the Contract Price in accordance with sub-paragraph b of Sub-Clause Unless the Contractor: An objection shall be deemed reasonable if it arises from among other things any of the following matters.

Temporary Works. Works and the other places if any where the Works are being executed clear of unnecessary obstruction so as to avoid danger to these persons.

This manual shall be in addition to any other similar document required under applicable health and safety regulations and Laws. Each revision of the manual shall be submitted promptly to the Engineer. If the Contractor is a JV. If the Engineer does not give such a Notice within 21 days of the date of submission of the QM System. In the event that any inspection or test identifies a non-compliance with the Contract.

After receiving this Notice. The Engineer may. The Contractor shall carry out internal audits of the QM System regularly.

The Contractor shall submit to the Engineer a report listing the results of each internal audit within 7 days of completion. The Contractor shall prepare and submit to the Engineer a complete set of compliance verification documentation for the Works or Section as the case may be.

To the same extent. To the extent which was practicable taking account of cost and time. Sub-Clause 7. Employer-Supplied Materials if any. Unless otherwise stated in the Contract. The Contractor shall continue execution of the Works.

The Engineer may take account of any evidence of the physical conditions foreseen by the Contractor by the Base Date. If and to the extent that these more favourable conditions were encountered.

The Contractor shall also obtain. The Engineer may also review whether other physical conditions in similar parts of the Works if any were more favourable than could reasonably have been foreseen by the Base Date. When brought on to the Site. These measures shall include the proper use of appropriate vehicles conforming to legal load and width limits if any and any other restrictions and routes.

To the extent that non-suitability or non-availability of an access route arises as a result of changes to that access route by the Employer or a third party after the Base Date. Except as otherwise stated in these Conditions: The following provisions of this Sub-Clause shall only apply if. Reports shall be submitted monthly thereafter. The Contractor shall be entitled to use. Each progress report shall be submitted in one paper-original.

The quantities consumed if any during each period of payment stated in the Contract Data if not stated. The first report shall cover the period up to the end of the first month following the Commencement Date.

This Notice shall be given within 7 days of the delivery date. In addition to any Notice given under Sub-Clause 4. Reporting shall continue until the Date of Completion of the Works or. At all times. This Notice shall describe the finding and the Engineer shall issue instructions for dealing with it.

The Contractor shall leave that part of the Site and the Works in a clean and safe condition. Promptly after the issue of a Taking-Over Certificate. Design shall be prepared by designers who: Equipment subject to 4. The Contractor warrants that the Contractor. Sub-Clause 1. Promptly after receiving a Notice under Sub-Clause 8. If the Contractor discovers any error. If the Engineer gives no Notice within the Review Period.

The Engineer shall. If the Employer incurs additional costs as a result of such resubmission and subsequent Review. If the Engineer gives a Notice under sub-paragraph b above. All these technical or other standards and Laws shall. The Contractor shall provide qualified and experienced training staff.

Laws applicable to the product being produced from the Works. If changed or new applicable standards come into force in the Country after the Base Date. To the extent that: Before commencement of the Tests on Completion. The Contractor shall submit to the Engineer under Sub-Clause 5. The number of copies of as-built records to be submitted by the Contractor under this Sub-Clause shall be as required under Sub-Clause 1.

These records shall be kept on the Site and shall be used exclusively for the purposes of this Sub-Clause. If no established rates or conditions are applicable. Neither the Employer nor the Engineer shall recruit. Superintendence shall be given by a sufficient number of persons: This officer shall: In collaboration with local health authorities.

If such accommodation and facilities are to be located on the Site. If any such accommodation or facilities are found elsewhere within the Site. Throughout the execution of the Works. The Contractor shall appoint a health and safety officer at the Site. Sub-Clause 6. FORMS fraudulent. Sub-Clause 4. If appropriate. If not so named. The Contractor shall appoint the natural persons named in the Tender to the positions of Key Personnel. In the case of the replacement of Key Personnel if any.

The Engineer may require the Contractor to remove or cause to be removed any person employed on the Site or Works. All Key Personnel shall be fluent in the language for communications defined This document is restricted for distribution within the Lexis Nexis platform.

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Shailesh Kukna. Part II of the contract is the conditions of particular application and is to be used to introduce project specific clauses, such as language of the contract, choice of law, the name of the person or firm appointed to act as Engineer or Employers representative for the project among other terms.

The Appendix usually contains sample of documents to be used for the procurement process. The parties are allowed to rearrange the priority of documents or stipulate that no priority or order of hierarchy will apply to the contract. This can be done in Part II of the contract. The emphasis in recent years has been on the amicable settlement of disputes.

The process usually provides as a first step, for disputes to be submitted for adjudication before an Engineer or a Dispute Board. If one or both of the parties is dissatisfied, a period is allowed for amicable settlement.

FIDIC contracts provide as a default position that the arbitration rules of the International Chambers of Commerce should apply in the arbitration of disputes arising from the contract. However, the basic framework of English law principles has survived.

For instance, provisions relating to liquidated damages have been maintained.

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