_golden_principles_1.pdf
FIDIC Contracts Guide to the Construction, Plant and Design-Build and EPC/Turnkey Contracts (1st Edition, 2000).
VBI Commentary on the FIDIC Short Form of Contract, 1st Edition 1999. In German.
More information 2-88432-024-5These Conditions of Contract are recommended for engineering and building work of relatively small capital value. However, depending on the type of work and the circumstances, the Conditions may be suitable for contracts of considerably greater value. They are considered most likely to be suitable for fairly simple or repetitive work or work of short duration without the need for specialist sub-contracts. This form may also be suitable for contracts which include, or wholly comprise, contractor-designed civil engineering, building, mechanical and/or electrical works.
The "Reviewers' Draft" was commented on by the following persons and organisations:
Peter Batty
Nael G Bunni, Consulting Engineer, Ireland
Hans Enhörning, ABB Asea Brown Boveri Ltd, Switzerland
Mark Griffiths, Griffiths & Armour, UK
Geoffrey F Hawker, Consulting Engineer and Barrister, UK
Adam K Heine, Consulting Engineer, Poland
HS Kwong, Secretary for Works, Hong Kong
Jan Cees Overbosch/Evert Jan Wijers, DHV Beheer BV, Netherlands
Marek Rdultowski, Cosmopoli Consultants, Poland
Asian Development Bank
European Bank for Reconstruction and Development
Inter-American Development Bank
International Association of Dredging Companies
Inter-Pacific Bar Association
Sveriges Verkstadsindustrier (ORGALIME), Sweden
World Bank
The preparation was carried out under the general direction of the FIDIC Contracts Committee comprising John B Bowcock (Chairman), Consulting Engineer, UK; Michael Mortimer-Hawkins, Consulting Engineer, UK; Axel-Volkmar Jaeger, Schmidt Reuter Partner, Germany; and KB (Tony) Norris (Special Adviser), Consulting Engineer, UK.
FIDIC wishes to record its appreciation of the time and effort devoted by all the above.
They are considered most likely to be suitable for fairly simple or repetitive work or work of short duration without the need for specialist sub-contracts. The main aim has been to produce a straightforward flexible document which may be used for all types of engineering work with a variety of administrative arrangements, including all essential commercial provisions. Under the usual arrangements for this type of contract, the Contractor constructs the Works in accordance with design provided by the Employer or by his representative (if any), who is not required to act impartially. However, this form may also be suitable for contracts which include, or wholly comprise, contractor-designed civil engineering, building, mechanical and/or electrical works. In addition, the Employer has a choice of valuation methods. Furthermore, although there is no reference to an impartial Engineer, the Employer may appoint an independent Engineer to act impartially, should he wish to do so. The form is recommended for general use, though modifications may be required in some jurisdictions. FIDIC considers the official and authentic text to be the version in the English language. The intention is that all necessary information should be provided in the Appendix to the Agreement, the latter incorporating the tenderer's offer and its acceptance in one simple document. The General Conditions are expected to cover the majority of contracts. Nevertheless, users will be able to introduce Particular Conditions if they wish, to cater for special cases or circumstances. The General Conditions and the Particular Conditions will together comprise the Conditions governing the rights and obligations of the parties. To assist in the preparation of tender documents using these Conditions, Notes for Guidance are included. These Notes will not become one of the documents forming the Contract. Finally, applicable Rules for Adjudication are also included.
The attention of users is drawn to the FIDIC publication "Tendering Procedure", which presents a systematic approach to the selection of tenderers and the obtaining and evaluation of tenders.
Offer
Acceptance
Appendix
GENERAL CONDITIONS
1. GENERAL PROVISIONS
1.1 Definitions
1.1.1 The Contract
1.1.4 Persons
1.1.7 Dates, Times and Periods 1
1.1.10 Money and Payments 1
1.1.11 Other Definitions
1.2 Interpretation
1.3 Priority of Documents
1.4 Law
1.5 Communications
1.6 Statutory Obligations
2. THE EMPLOYER
2.1 Provision of Site
2.2 Permits et
2.3 Employer's Instructions
2.4 Approvals
3. EMPLOYER'S REPRESENTATIVES
3.1 Authorised Person
3.2 Employer's Representative
4. THE CONTRACTOR
4.1 General Obligations
4.2 Contractor's Representative
4.3 Sub-contracting
4.4 Performance Security
5.1 Contractor's Design
5.2 Responsibility for Design
6. EMPLOYER'S RISKS
6.1 Employer's Risks
7. TIME FOR COMPLETION
7.1 Execution of the Works
7.2 Programme
7.3 Extension of Time
7.4 Late Completion
8. TAKING-OVER
8.1 Completion
8.2 Taking-Over Notice
9. REMEDYING DEFECTS
9.1 Remedying Defects
9.2 Uncovering and Testing
10. VARIATIONS AND CLAIMS
10.1 Right to Vary
10.2 Valuation of Variations
10.3 Early warning
10.4 Valuation of Claims
10.5 Variation and Claim Procedure
11. CONTRACT PRICE AND PAYMENT
11.1 Valuation of the Works
11.2 Monthly statement
11.3 Interim Payment
11.4 First Half of Retention
11.5 Second Half of Retention
11.6 Final Payment
11.7 Currency
12. DEFAULT
12.1 Default by Contractor
12.2 Default by Employer
12.3 Insolvency
12.4 Payment upon Termination
13. RISK AND RESPONSIBILITY
13.1 Contractor's Care of the Works
13.2 Force Majeure
14. INSURANCE10
14.1 Arrangements 10
14.2 Default
13 RESOLUTION OF DISPUTES
15.1 Adjudication
15.2 Notice of Dissatisfaction
15.3 Arbitration
INDEX
PARTICULAR CONDITIONS
RULES FOR ADJUDICATION
NOTES FOR GUIDANCE
FORMS OF SECURITIES
