By Ellis Baker, Ben Mellors, Scott Chalmers, Anthony Lavers
"...this book is a useful addition to the libraries of all those who are involved in international contracting and dispute resolution." - Robert Morgan, Barrister (England & Wales, Queensland) Consulting Editor, Asian Dispute Review
The Federation International des Ingénieurs - Conseils (FIDIC) is the leading body for the development of model standard forms of contract for use in the international construction industry. The FIDIC suite of contracts are generally accepted by employers and contractors as providing a recognisable common basis of agreement for defining the conditions of contract for the construction industry worldwide.
The FIDIC Forms of Contract are used to provide a recognisable common basis of agreement where the project and the principal contract are international, and consist of a suite of contracts. This book covers the full range of FIDIC contracts, providing legal commentary, detailed clause-by-clause analysis, and relevant case law for each of the different forms.
FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suite of contracts, including the new gold book for design, build and operate projects. It will provide legal commentary, detailed clause-by-clause analysis and relevant case law for each of the different forms. The FIDIC suite of contracts will be seen in relation to other organisations, such as the World Bank and ICC who are closely involved with their use.
The author team includes both ‘front-end' experience of project procurement and international dispute resolution experience and their commentary will be given against the background of conflicting views held by those occupying particular positions in the industry.
Intended to provide a comprehensive reference for those using the FIDIC forms of contract in international construction and engineering projects, FIDIC Contracts: Law and Practice will be suitable for lawyers practising in international procurement and dispute resolution but also for engineers, project managers, quantity surveyors, architects, contractors and other users of the form.
2. FIDIC - Structure of FIDIC (as an organisation); the history of the FIDIC forms; and FIDIC's relationship with other organisations
3. FIDIC Usage - Industry context of the use of the FIDIC forms; historic/geographic use of the FIDIC forms; and specific user groups
4. A FIDIC Contract - The FIDIC suite; documents forming a FIDIC contract; procurement and contract award; and applicable laws and permissions
5. Product - Scope of the works; variations; standards/quality issues; testing and performance; operation service period (gold book); and defects
6. Price - Provisions for payment
7. Time - Progress; time for completion
8. Contract Administration - The role of the contract administrator; notices and procedures; claims
9. Risk, Indemnities, Insurance and Securities
10. Remedies - The employer's remedies including delay damages and termination; Contractor's remedies including extension of time, suspension and termination; force majeure and exceptional events