484 pages, 21 black & white illustrations, 20 colour illustrations
This book provides an introduction to the 1999 FIDIC forms of contract including the "FIDIC Red Book", the "FIDIC Yellow Book", the "FIDIC Silver Book" and the new "2008 FIDIC Gold Book". Consulting engineers, architects and employers will also find reliable information about the "FIDIC White Book". The authors explain the meaning of terms and features which are used by FIDIC. In particular the authors attempt to explain the English legal wording in its original legal context for use in civil law countries. Common law practitioners will find useful advice on civil law features and concepts which affect the use of FIDIC contracts in civil law countries. The book covers pre-contractual and contractual issues and the management of FIDIC contracts and offers support in interpreting and understanding the contract terms and contract procedures as to variations, tests, payment certificates, taking-over cases, claims and dispute resolution features. It includes flow charts, glossaries, checklists and sample letters. Common law practitioners will also find helpful information on civil law jurisdictions and civil law concepts.
Legal Systems.- Conflict of Laws.- English and International Standard Forms of Contract.- Civil Law Business Terms.- Development Stages.- Understanding FIDIC - A Civil Law Approach.- FIDIC Contract Documents.- Employer's Duties.- Contractor's Duties.- Design Responsibility.- Engineer.- Time for Completion.- Variation.- Tests.- Certificates.- Defects Notification Period and (Post Contractual) Defects Liability.- Termination.- Discharge, Frustration and Force Majeure.- Bonds, Guarantees, Letters of Credit.- Claim Management.- Disputes.- Samples.- Delay Schedule.
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Dr. Gotz-Sebastian Hok, Berlin is a lawyer and partner at the law office, Dr. Hok, Stieglmeier & Kollegen, which has its seat in Berlin. His area of practise includes international private construction, international public procurement and trans-border real estate law. He has specialised in these areas of law since becoming a lawyer in 1991. As such, he has a great deal of experience in advising developers, contractors, employers, consulting engineers and architects. He also acts as a mediator, adjudicator and arbitrator at the international level. He is the author of a considerable number of papers and articles on topics in the field of contract administration and has also published several books in the fields of international contract law and international dispute resolution. His work, the Handbuch des internationalen und auslandischen Baurechts is widely considered the leading book in international construction in German. He has also translated the FIDIC Red, Yellow and Silver Books into German and French.He has been an accredited FIDIC trainer since 2007, and was a friendly reviewer of the FIDIC Gold Book. Dipl.-Ing., Dipl.-Wirt.- Ing. Axel - Volkmar Jaeger, Cologne is a consulting engineer for mechanical services and former partner at Schmidt Reuter Partner, Cologne. His area of practise includes the design, procurement and administration of inter-national construction projects worldwide. He has specialised in these areas of practise since becoming a consulting engineer in 1970. Accordingly, he has considerable experience in the management of major international construction projects. He is also the current chairman of the FIDIC Contracts Committee and past Executive Committee Member. He served as member of various FIDIC task groups for the drafts of the FIDIC Yellow and Orange Books, the 1999 FIDIC Rainbow Edition, the White Book and the FIDIC Gold Book. He has been a certified FIDIC trainer since 2001, and received the Louis Prangey Award in 2007. Both authors are responsible for the German FIDIC training at VBI (German Association of Consulting Engineers) and are members of the board for the assessment of German speaking adjudicators. International construction is an increasingly crucial factor in international business. For over 50 years the International Federation of Consulting Engineers (FIDIC), founded in 1913, has acted to support the international construction business. FIDIC contracts are used worldwide and recommended by international organisations such as the World Bank group and the International Financing Institutes, they are equally widley used by civil law and by common law practitioners. Against this background the book provides detailed advice and explanations with regard to the use of FIDIC contracts, especially outside of common law countries and finding a balance between both legal systems, and promotes a better understanding of the issues at stake.