A Contractor's Guide to the FIDIC Conditions of Contract

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Wiley, May 6, 2011 - Law - 272 pages
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This guide will help the contractor’s staff overcome some ofthe difficulties encountered on a typical international contractusing FIDIC forms.

The majority of FIDIC-based contracts use the Red Book(Conditions of Contract for Construction), so this bookconcentrates on the use of those particular forms. Supplementarycomments are included in Appendix C for the Yellow Book (Plant& Design-Build) recommended for use where the contractor has adesign responsibility.
The Contractor is represented on site by the Contractor’sRepresentative who carries the overall responsibility for all theContractor’s on-site activities. In order to provide guidanceto the Contractor’s Representative and his staff, this bookis divided into five sections:

  • A summarized general review of the Red Book from theContractor’s perspective.
  • A review of the activities and duties of theContractor’s Representative in the same clause sequencing asthey appear in the Red Book.
  • A summary of these activities and duties but arranged in orderof their likely time sequence on site. This has the added intentionof providing the Contractor’s Representative with a means ofensuring that documents are not only properly provided to theEmployer and Engineer, but most importantly that they are providedwithin the time limits specified in the Contract.
  • A selection of model letters is provided which make referenceto the various clauses of the contract requiring the Contractor tomake submissions to the Employer or Engineer.
  • Various appendices.

The guide is not intended to be a review of the legal aspects ofFIDIC- based contracts; legal advice should be obtained as and whennecessary, particularly if the Contractor has little or noknowledge of the local law.

Armed on site with a copy of The Contractor and the FIDICContract, the Contractor’s Representative will be more ableto avoid contractual problems rather than spend considerable timeand energy resolving those problems once they have arisen.

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About the author (2011)

Michael D. Robinson, Independent Consulting Engineer has 50 years of experience with contract management and contractual issues for major civil engineering projects worldwide. He has extensive experience with dispute resolution, engineers’ decisions, and dispute resolution boards and he lectures on the FIDIC Conditions of Contract.

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