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The FIDIC Forms of Contract 3e

Author/EditorBunni, N.G. (Author)
ISBN: 9781405120319
Pub Date26/04/2005
BindingHardback
Pages872
Edition3rd Ed
Dimensions (mm)254(h) * 177(w) * 52(d)
In September 1999, FIDIC introduced its new Suite of Contracts, which included a new Red, Yellow, Silver and Green forms of contract. The new Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time.
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In September 1999, FIDIC introduced its new Suite of Contracts, which included a new Red, Yellow, Silver and Green forms of contract. The new Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future.


Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them.







Important features of this book include:



* background and concepts of the various forms of contract;



* a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose;



* analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned;



* a range of decision tree charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards;



* a much enlarged discussion of the meaning of claim and dispute and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer;



* the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and



* five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.

In September 1999, FIDIC introduced its new Suite of Contracts, which included a new Red, Yellow, Silver and Green forms of contract. The new Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future.


Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them.







Important features of this book include:



* background and concepts of the various forms of contract;



* a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose;



* analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned;



* a range of decision tree charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards;



* a much enlarged discussion of the meaning of claim and dispute and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer;



* the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and



* five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.

Nael G Bunni BSc, MSc, PhD, CEng, FICE, FIEI, FIStructE, FCIArb, FIAE, MConsEI

Part I Background and Concepts of the Red Book;.Chapter 1 Background of the Red Book.1.1 The ACE Form.1.2 The First Edition of the Red Book.1.3 The Second and Third Editions of the Red Book.1.4 The Fourth Edition of the Red Book.1.5 The 1996 Supplement to the Red Book.1.6 Concepts of the Red Book.1.7 The New Suite of FIDIC Contracts.Chapter 2 The Red Book is based on a domestic contract.2.1 Introduction.2.2 Diversity of legal systems.2.3 The applicable law in international construction.2.4 The applicable law of the contract.2.5 Law governing procedure.2.6 Law governing enforcement of awards.2.7 Grouping of the contemporary legal systems.2.8 The Romano-Germanic group.2.8.1 Sources of law in the Romano-Germanic group.2.8.2 Legal authoritative writing.2.8.3 Areas of the law affecting construction in the Romano-Germanic group.2.9 The common law group.2.9.1 Sources of law in the common law group.2.9.2 Areas of the law affecting construction in the common law group.2.10 The law in Islamic countries.2.10.1 Sources of Islamic law.Chapter 3 Legal concepts based on the common law system.3.1 The law applicable to the contract.3.2 Conflict.3.3 Some specific concepts under the common law.3.3.1 Substantive law and procedural law.3.3.2 Legislation, common law and equity.3.4 Tort.3.5 Contract - general principles.3.5.1 Prerequisites of a contract.3.5.2 Limitation periods.3.6 Privity of contract.3.7 Performance of a contract.3.8 The contents of a contract.3.9 Remedies for breach of contract.3.10 Exclusion clauses.3.11 The responsibility to complete.Chapter 4 Drafting principles.Chapter 5 The concept of a trusted independent engineer.5.1 Introduction.5.1.1 FIDIC's Statutes and By-Laws and the independent engineer.5.1.2 FIDIC's Code of Ethics.5.1.3 FIDIC's Quality-Based Selection, 'QBS'.5.2 Other suppliers of consulting services.5.3 Services provided by the consulting engineer.5.3.1 Counselling services.5.3.2 Pre-investment studies.5.3.3 Design, preparation of documents and supervision.5.3.4 Specialised design and development services.5.3.5 Project management.5.3.6 Programme manager.5.4 Independence.Chapter 6 A traditional re-measurement contract.6.1 Factors governing choice of contract.6.2 The allocation of essential functions.6.2.1 The allocation of the function relating to finance.6.2.2 The allocation of the functions of design and construction.6.2.3 The allocation of risk, quality control and the method of pricing and payment.6.3 Re-measurement contracts.6.3.1 The Red Book is a re-measure contract.6.3.2 Contracts with a bill of quantities.6.3.3 Contracts with a schedule of rates.6.4 Cost-reimbursable contracts.6.5 Lump sum contracts.6.5.1 The Supplement to the Fourth Edition of the Red Book, Section B.6.5.2 Main Features of FIDIC's Form for Payment on a lump sum basis.Chapter 7 Sharing of risks.7.1 Introduction.7.2 The definition of 'risk'.7.3 Measurement of risk.7.4 Risk management.7.5 Allocation of risk and their management.7.6 Allocation of Risks in the Red Book.7.7 Responsibility and Liability.7.8 Indemnity and Insurance.Chapter 8 The concepts in practice.8.1 The Red Book in use.8.2 Areas of conflict.8.2.1 A relationship of trust.8.2.2 The role of the engineer.8.2.3 Avoidance of risk.8.2.4 The design function.8.2.5 Absence of a legal system.8.2.6 Distrust of changes.8.2.7 Legal questions.8.3 EIC/FIDIC survey of 1996.8.4 A brief summary of Part I.Part II The Fourth Edition: A Commentary.Chapter 9 The revisions - purposes and consequences.9.1 Introduction.9.2 Clause 1.9.2.1 Definition of 'Engineer' under group (a).9.2.2 Definition of 'tests on completion'.9.2.3 Definitions under group (e).9.2.4 Definitions under group (f).9.2.5 Definitions under group (g).9.2.6 Definition of 'approved'.9.3 Clause 2.9.3.1 Requirement for consultation.9.3.2 Responsibility for delegation.9.3.3 Requirement for writing.9.3.4 Express requirement for impartiality.9.4 Sub-clause 5.2.9.5 Sub-clauses 6.1, 6.4 and 65.9.6 Clause 7.9.7 Clause 8.9.8 Clause 10.9.9 Sub

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