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FIDIC Users' Guide: A Practical Guide to the 1999 Red and Yellow Books: Incorporating Changes and Additions to the 2005 MDB Harmonised Edition

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FIDIC Users' Guide

Previous editions of the FIDIC Users' Guide have established it as the...

NHBS Price: £74.99 $95/€89 approx

By: Brian W Totterdill (Author)

408 pages, Illustrations

ICE Publishing

Hardback | Jun 2006 | Edition: 2 | #190892 | ISBN: 0727734415
Out of Print Details

About this book

The FIDIC Conditions of Contract for Construction and the Conditions of Contract for Plant and Design-Build (known as the '1999 Red Book' and the '1999 Yellow Book') were first published in 1999 and have been used for a large number of contracts around the world. During 2005, FIDIC and the multilateral development banks cooperated to publish the MDB Harmonised Conditions of Contract for Construction. This book is a revised and extended edition of the author's earlier guides and all three of the Conditions of Contract are reviewed in detail, together with additional notes on problems observed from the use of the 1999 FIDIC Contracts.

This guide focuses on the practical administration of the contract and recognises the growing tendency for projects to be administered by local employers, consultants and contractors as well as by the experienced international organisations. It provides flow charts and a clause-by-clause commentary on both of the main FIDIC Contracts, including the new concepts and revisions to many of the important clauses. The changes and additions in the 2005 MDB Harmonised Edition, published by FIDIC in conjunction with the major Multilateral Development Banks, are also evaluated.

KEY FEATURES

- Evaluates the Multilateral Development Banks Harmonised Edition of the Conditions of Contract for Construction and other recent FIDIC publications
- Incorporates a detailed review of the FIDIC Design-Build Contract and comments on problems reported from projects using these contracts
- Written by a practising engineer for construction and legal professionals working on projects that incorporate the FIDIC Conditions of Contract
- Reviews the selection, preparation and use of the Contract, including project management, preparation and response to claims and dispute resolution
- Includes flow charts together with full text and commentaries on each of the sub-clauses in the 1999 Contracts for Construction and for Plant & Design -Build
- Presents an independent review of the benefits, procedures and problems that may arise in the use of FIDIC Conditions of Contract

This book will assist those preparing contract documents, as well as those who are administering projects on site or dealing with claims and disputes. It includes a comparison of the different FIDIC Contracts, including a comparison of clause numbers to assist those who are familiar with the traditional FIDIC Red Book.

This new users guide will prove to be a very helpful aid to the industry and its clients both in the UK and abroad
- Roderick Pettigrew Head of Commercial and Legal Department Heating and Ventilating Contractors' Association


Contents

Part 1: The Traditional and the 1999 FIDIC Conditions of Contract
- 1 Introduction to the FIDIC Conditions of Contract
- 2 Comparisons between the different FIDIC Conditions of Contract
- 3 The 1999 FIDIC Red and Yellow Books
- 4 Claims and dispute procedures
- 5 Flow charts

Part 2: The FIDIC Conditions of Contract for Construction and for Plant and Design-Build
- 6 Introduction to Part 2
- 7 Contents: General Conditions
- 8 Definitions listed alphabetically
- 9 Clause 1: General Provisions
- 10 Clause 2: The Employer
- 11 Clause 3: The Engineer
- 12 Clause 4: The Contractor
- 13 Clause 5 (RB): Nominated Subcontractors
- 14 Clause 5 (YB): Design
- 15 Clause 6: Staff and Labour
- 16 Clause 7: Plant, Materials and Workmanship
- 17 Clause 8: Commencement, Delays and Suspension
- 18 Clause 9: Tests on Completion
- 19 Clause 10: Employer's Taking Over
- 20 Clause 11: Defects Liability
- 21 Clause 12 (RB): Measurement and Evaluation
- 22 Clause 12 (YB): Tests after Completion
- 23 Clause 13: Variations and Adjustments
- 24 Clause 14: Contract Price and Payment
- 25 Clause 15: Termination by Employer
- 26 Clause 16: Suspension and Termination by Contractor
- 27 Clause 17: Risk and Responsibility
- 28 Clause 18: Insurance
- 29 Clause 19: Force Majeure
- 30 Clause 20: Claims, Disputes and Arbitration

Part 3 Appendices
- A1 General Conditions of Dispute Adjudication Agreement
- A2 Annex: Procedural Rules
- A3.1 Index of Sub-Clauses in the Conditions of Contract for Construction
- A3.2 Index of Sub-Clauses in the Conditions of Contract for Plant and Design-Build
- A4 Annexes and Forms

Part 4: MDB Harmonised Edition of the FIDIC Conditions of Contract for Construction
- 31 The MDB Edition

Part 5: Sub-Clause comparison
- A comparison of Sub-Clause numbers between the fourth edition of 'The Red Book' and the 1999 Conditions of Contract for Construction


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