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Conditions of Contract for Construction
Conditions of Contract for Plant and design-Build
Conditions of Contract for EPC/Turnkey Projects
FIDIC Contracts Guide 1st Edition 2000
ACKNOWLEDGEMENTS
FOREWORD
CONTENTS
FIDIC Contracts Guide to the Construction, Plant and Design-Build and EPC/Turnkey Contracts (1st Edition, 2000)
Compares the Construction, Plant and Design-Build and EPC/Turnkey Contracts in a side-by-side fashion, with commentary.
Each of the three Books is in three parts:
General Conditions, the part which is intended to be incorporated (by reference) into each contract, and whose Sub-Clauses are often referred to in this Guide without the use of the word “Sub-Clause” (for example: “CONS 1.1″);
Guidance for the Preparation of the Particular Conditions, the part which is referred to in this Guide as “GPPC”, which commences by proposing suitable wording to incorporate the appropriate General Conditions into a contract, and which concludes with annexed example forms of securities; and
Forms of Letter of Tender, Contract Agreement and Dispute Adjudication Agreement, the part which is referred to in this Guide as “the Example Form(s)”.
In this FIDIC Contracts Guide 1st Edition 2000 the texts in the Books are reproduced in a three-column layout. The texts should be identical to the corresponding texts in the Books, but the reader should refer to the Books in order to determine the necessary authentic wording in case of any discrepancy.
For the convenience of those who are familiar with the General Conditions of Contract contained in FIDIC’s previous publications, the reference numbers of their sub-clauses which cover similar subject-matter are included within an insert box after these three-column texts reproduced from the Books, the sub-clause reference numbers being related to:
“RB”: Conditions of Contract for Works of Civil Engineering Construction 4th edition 1987 amended 1992 (which was commonly referred to as the Red Book)
“YB”: Conditions of Contract for Electrical and Mechanical Works 3rd edition 1987 amended 1988 (which was commonly referred to as the Yellow Book)
“OB”: Conditions of Contract for Design-Build and Turnkey 1st edition 1995 (which was commonly referred to as the Orange Book)
FIDIC Contracts Guide 1st Edition 2000 In each Contract, the Conditions of Contract governing the rights and obligations of the parties will comprise the appropriate General Conditions together with Particular Conditions. It will be necessary to prepare the Particular Conditions for each individual contract, taking account of the comments in this Guide and the appropriate GPPC. It is essential that all these drafting tasks, and the entire preparation of the tender documents, are entrusted to personnel with the relevant expertise, including the contractual, technical and procurement aspects.
Although this FIDIC Contracts Guide 1st Edition 2000 may include useful material for the training of personnel in procurement, it is not intended to provide complete training material for the expertise required for the preparation of tender documents. The comments in this Guide are intended to assist users of the Books who have such expertise, such users being those who write or administer building and/or engineering contracts.
The comments in this FIDIC Contracts Guide 1st Edition 2000 are not exhaustive and are only intended to provide general guidance. They should not be relied upon in a specific issue or situation. Expert legal advice should be obtained whenever appropriate, and particularly before entering into or terminating a contract. Neither FIDIC nor the persons named in this Guide accept any responsibility or liability arising from any use of this Guide or of any other publication named herein.
FIDIC receives requests from time to time to assist in the interpretation of individual contracts which are based upon conditions of contract incorporating FIDIC publications. However, as the international federation of consulting engineers, FIDIC cannot undertake to give legal advice. For this reason, and because the legal interpretation of a contract will depend upon such matters as the precise wording of the various documents comprising the particular contract, as well as upon the governing law, FIDIC cannot assist in the interpretation of individual contracts.
ISBN : 2-48432-029-6
Number Page : 353
Download Type : PDF File, FIDIC Contracts Guide 1st Edition 2000
Download Type : PDF File, FIDIC Contracts Guide 1st Edition 2000
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