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The FIDIC Form of Contracts 3ed, 2005  $424.50 

By Nael Bunni

Reviews:

'The great merit of this book is that [it] assimilates the complexities of the form and focuses upon the practicalities...A pleasure to read....very good value for money' - Arbitration

'One of the great virtues of the book is that it is almost a work on construction law and practice in the international sphere....It is quite common for books to be described as indispensable but that is an apt description of what looks to be a classic text. It is also remarkably good value for money.'  - Judge Humphrey Lloyd QC, International Construction Law Review, 2005.

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.

Contents:

Part I Background and Concepts of the Red Book;
Chapter 1 Background of the Red Book
Chapter 2 The Red Book is based on a domestic contract
Chapter 3 Legal concepts based on the common law system
Chapter 4 Drafting principles
Chapter 5 The concept of a trusted independent engineer
Chapter 6 A traditional re-measurement contract
Chapter 7 Sharing of risks
Chapter 8 The concepts in practice
Part II The Fourth Edition: A Commentary
Chapter 9 The revisions - purposes and consequences
Part III The Fourth Edition in Practice
Chapter 10 Role of the engineer
Chapter 11 Responsibility and liability of the engineer
Chapter 12 The employer's obligations
Chapter 13 The contractor's obligations
Chapter 14 Risks, liabilities, indemnities and insurances
Chapter 15 Performance and other securities
Chapter 16 Claims and counterclaims
Chapter 17 Delay in completion and claims for extension of time
Chapter 18 Certificates and payments
Chapter 19 Disputes settlement by arbitration
Chapter 20 Amicable settlement using alternative dispute resolution
Part IV Other Documents Related to the Red Book
Chapter 21 FIDIC's other forms of contract
Part V The 1999 Red Book; The 1999 Yellow Book; The 1999 Silver Book; The 1999 Green Book; Dispute Boards
Chapter 22 The 1999 FIDIC suite of contracts
Chapter 23 The 1999 Red Book
Chapter 24 The 1999 Yellow Book
Chapter 25 The 1999 Silver Book
Part VI Comparison between the text of the three 1999 Major Books: The 1999 Red; the 1999 Yellow; and the Silver Books;
Chapter 27 A precise record of the alterations, omissions and additions in the 1999 Yellow & Silver Books as compared with the 1999 Red Book
References
Appendices
Table of cases
Table of clauses
Index

Publisher:  Blackwell Science
ISBN/ISSN:  1405120312
Binding:  Hardcover
Pages:  872

All prices are in SingDollars. Prices are subject to change without prior notice. Overseas' orders, please email, fax or call us for packing & postage charges unless otherwise stated.
This product was added to our catalog on Monday 30 October, 2006.
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