FIDIC Contracts Management: Practical Use of FIDIC Contracts

FIDIC contract documents: Introduction and principles

• Introduction to FIDIC

• Background to FIDIC contracts

• Harmonization based on the type of project

• Features of the 1999 editions

• Structure of the documents

• Forms

• Main differences between the 1999 construction contract and the 1987 Red Book

• User friendliness

• Preparation of conditions of contract

• The legal character of FIDIC conditions of contract

• Relationship between FIDIC conditions of contract and legal systems

• Risk analysis

• Which form to use

• Overview of the 1999 contracts

  • Construction contract

  • Main differences between the construction contracts

Responsibilities of the main parties

• Clause 1: General provisions and general issues

• Clause 2: The employer

• Clause 3: The engineer

• Clause 4: The contractor

• Clause 5: Construction contract – nominated subcontractors

• Clause 5: Plant and design-build contract – design

Management of projects

• Clause 6: Staff and labor

• Clause 7: Plant material and workmanship

• Clause 8: Commencement delays and suspension

Tests on completion

• Clause 9: Tests on completion

• Clause 10: Employer’s taking over; defects liability

• Clause 11: Plant contract – tests after completion

Financial clauses and procedures

• Clause 12: Construction contract – measurement and evaluation

• Clause 13: Variations and adjustments

• Clause 14: Contract price and payment

Suspension and termination

• Clause 15: Termination by employer

• Clause 16: Suspension and termination by contractor

Risk, liability and force majeure

• Clause 17: Risk and responsibility

• Clause 18: Liability and insurance

• Clause 19: Force majeure

Claims, disputes and arbitration

• Clause 20: Claims, disputes and arbitration

• Inherent project risk

• Contractor’s claims and employer’s claims; claims procedures

• Disputes

• Amicable settlement

• Dispute adjudication board

• Arbitration