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The FIDIC Contracts: Obligations of the Parties

The FIDIC Contracts: Obligations of the Parties

Author: Andy Hewitt
Publisher: Wiley-Blackwell
ISBN: 9781118291801
Published In: May 2014
Format: Hardback , 344 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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A ready-reference on the contractual obligations of the various parties for a FIDIC construction contract.

‘It is clear that there is less chance of failure to observe contract compliance using [this] book, than reliance on reading though the appropriate clauses in the contract… A big plus is that those using the book will find answers to queries relating to contractual issues arising from the FIDIC contracts conditions in a fraction of the time it would take if it were necessary to study the full text… For those using the FIDIC forms for the first time, or infrequently, this book is a must, whilst experienced users will find it a valuable memory jogger. Whichever category the reader falls into, using this book should improve performance…The book is ideal for engineers, quantity surveyors, contract managers and any person whose job it is to understand the workings of a FIDIC contract.‘

From the book’s Foreword by Roger Knowles

The most important part of any contract is the obligations of the parties, the time frames in which the parties must perform these obligations, and the consequences of failing to meet them. Failure to carry out obligations correctly is a serious risk and common source of contention or claims.

This practical ready-reference on the contractual obligations of the various parties for a FIDIC construction contract promotes efficient administration of construction projects, prevents contention and aids an easier understanding of their obligations. The FIDIC Contracts: obligations of the parties is presented in an easily-referenced format, with the obligations set out in tabular form and clear summaries for each type of contract given in separate sections for the Employer, the Contractor and the Engineer.

This guide’s ready–reference style will enable the project manager, quantity surveyor or contract manager to quickly check that his company is performing the required obligations correctly - and also to ensure the other parties are doing the same.

a practical reference guide to the obligations of the parties under FIDIC contracts
this easily understood digest will be welcomed by anyone dealing with the FIDIC forms of contract
clearly referenced summaries set out in a table format

About the Author v

Foreword vi

Acknowledgements vii

Introduction ix

Chapter 1 The Red Book: Conditions of Contract for Construction, for Building and Engineering Works Designed by the Employer, First Edition 1999 1

The Obligations of the Employer 3

The Obligations of the Contractor 14

The Obligations of the Engineer 38

The Obligations of the Dispute Adjudication Board 50

Chapter 2 The Pink Book: Conditions of Contract for Construction, MDB1 Harmonised Edition for Building and Engineering Works Designed by the Employer, June 2010 55

The Obligations of the Employer 57

The Obligations of the Contractor 69

The Obligations of the Engineer 98

The Obligations of the Dispute Board 111

1 MDB – Multilateral Development Bank

Chapter 3 The Red Book Subcontract: Conditions of Subcontract for Construction for Building and Engineering Works Designed by the Employer, First Edition 2011 115

The Obligations of the Contractor 117

The Obligations of the Subcontractor 130

Chapter 4 The Yellow Book: Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant, and for Building and Engineering Works, Designed by the Contractor, First Edition 1999 143

The Obligations of the Employer 145

The Obligations of the Contractor 156

The Obligations of the Engineer 183

The Obligations of the Dispute Adjudication Board 196

Chapter 5 The Silver Book: Conditions of Contract for EPC/Turnkey Projects, First Edition 1999 199

The Obligations of the Employer 201

The Obligations of the Contractor 218

The Obligations of the Dispute Adjudication Board 244

Chapter 6 The Gold Book: Conditions of Contract for Design, Build and Operate Projects, First Edition 2008 247

The Obligations of the Employer 249

The Obligations of the Contractor 260

The Obligations of the Employer’s Representative 290

The Obligations of the Dispute Adjudication Board 304

Chapter 7 The Green Book: Short form of Contract, First Edition 1999 309

The Obligations of the Employer 311

The Obligations of the Contractor 315

The Obligations of the Adjudicator 321

Chapter 8 The White Book: Client/Consultant Model Services Agreement, Fourth Edition 2006 323

The Obligations of the Client 325

The Obligations of the Consultant 330

Andy Hewitt, FICCP, FCInstCES, FQSi, ACIOB, ACIArb, MDBF, is the principal of Hewitt Construction Consultancy, which specialises in construction contracts, claims and dispute resolution. He is also the developer and principal of ‘Claims Class’, which provides education and training on the subject of construction claims by way of distance learning and 2-day intensive training programmes.

Andy Hewitt has 40 years’ experience in the construction industry - UK, Africa and the Middle East, holding senior commercial and project management positions with contractors, subcontractors and consultants.

His project and company management skills together with experience gained in a variety of disciplines and projects within the construction industry have led him, in the latter part of his career, to specialise in the field of construction contractual issues, claims and dispute management.