The FIDIC Contracts
Obligations of the Parties
1. Edition March 2019
Softcover
Wiley & Sons Ltd
It is vital to ensure that your company complies with its contractual obligations. It is also vital to check whether the other parties are complying with theirs. This book was written to help those involved in the management of busy construction projects to find answers to contractual issues arising from the FIDIC forms of contract. The book is organised in such a way that you can find answers in a fraction of the time it would take to study the full conditions of contract.
This book sets out the contractual obligations of the Employer, the Contractor, the Engineer and the DAB in a simple tabular form, together with the time-frames in which they should be performed and the consequences of non-compliance. This means that you will have all the information at your fingertips without having to study lengthy contractual clauses.
For those using the FIDIC forms for the first time, or perhaps not using them too often, this book is a must, whilst experienced users will find it provides a valuable checklist. Whichever category you fall into, using this book should improve both knowledge and efficiency. 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.
Roger Knowles had this to say: "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, tabular format. The Red, Pink, Red Book Subcontract, Yellow, Silver, Gold, Pink, Green and White Books are all included and for ease of reference, each contract is separated into sections relating to the Employer, the Contractor, the Engineer (or the equivalent) and the DAB.
This guide's accessible style will enable all parties and personnel involved in the project to quickly check that their company is performing the required obligations correctly - and also to ensure that other parties are doing the same.
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, MDB ¯1 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
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