FIDIC User's Guide: A Practical Guide to the 1999 Red Book

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Thomas Telford, 2001 - Civil engineering contracts - 304 pages
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In recent years, the increase in the size and complexity of projects and the increasing demand from Clients and Employers that projects should finish on time and within budget have increased the pressures for improved management techniques on construction sites. An important feature of improved project management is a reduction in the time and cost of claims negotiation and dispute resolution. One of the consequences of the movement towards improving efficiency and reducing costs has been the increasing use of the Conditions of Contract as a manual of good project management procedures. The FIDIC family of Conditions of Contract have been revised to meet this demand. The FIDIC Conditions of Contract for Construction (known as the 'New Red Book') was launched in September 1999 and is the most commonly used Conditions of Contract for international civil engineering construction. FIDIC Users' Guide: A Practical Guide to the 1999 Red Book focuses on the practical administration of the contract recognising the growing tendency for projects to be administered by local employers, consultants and contractors, rather than by international organisations. This new book is a practical and essential guide for all those who use the FIDIC Conditions of Contract, based on the author's practical experience of construction projects, conducting training courses and the resolution of disputes. It is intended to assist the people who are preparing Contract documents as well as those who are administering the project on the Site or dealing with claims and disputes. This important book includes a detailed review of the Conditions of Contract for Construction and comparisons with the other FIDIC Contracts, which were published in 1999. There is also a comparison with previous FIDIC Contracts and a comparison of clause numbers to assist those who are familiar with the traditional FIDIC Red Book. Written by an independent Consultant, this guide tackles the problems involved in administering the new FIDIC contract. It provides a clause-by-clause commentary on the new rules that include the revision of many of the important clauses and some new concepts. FIDIC Users' Guide: A Practical Guide to the 1999 Red Book will be essential reading for engineers, surveyors and managers who administer international construction contracts.
 

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Last paragraph of Page 75 stated that:-
"The Engineer can clarify any ambiguity or discrepancy between documents, which gives him the opportunity to issue an instruction that a requirement of a
lower priority document shall be obeyed"
The author should amplify that "the Engineer should only issue an instruction that a requirement of a lower priority document shall be obeyed only to the parties' agreement."
The Engineer shall not have the right to amend the Contract which was initially agreed upon without the parties consent.
 

Contents

Introduction to the FIDIC Conditions of Contract
3
Comparisons between the different FIDIC Conditions
17
Claims and dispute procedures
26
Flow charts
36
Introduction to Part 2
53
Definitions listed alphabetically
61
The Employer
83
The Engineer
90
Measurement and Evaluation
171
Contract Price and Payment
186
Termination by Employer
206
Suspension and Termination by Contractor
212
Insurance
222
Force Majeure
230
Claims Disputes and Arbitration
236
Al General Conditions of Dispute Adjudication Agreement
253

The Contractor
98
Nominated Subcontractors
123
Plant Materials and Workmanship
133
Commencement Delays and Suspension
140
Tests on Completion
153
Defects Liability
163
Procedural Rules
260
A4 Annexes and Forms
271
A comparison of SubClause numbers between the fourth
289
Index
295
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