An Employer's and Engineer's Guide to the FIDIC Conditions of Contract E-Book

Michael D. Robinson

• Herausgeber: John Wiley & Sons
• Kategorie: Wissenschaft und neue Technologien
• Sprache: Englisch

Seitenzahl: 339

Veröffentlichungsjahr: 2013

Beschreibung

When all parties involved in the construction process fully understand their roles and are able to anticipate potential points of conflict, disputes and delays will be minimised.

The Employer’s and Engineer’s Guide to the FIDIC Conditions of Contract sets out the essential administrative requirements of a FIDIC based contract by reference to the FIDIC 1999 Red Book.

The obligations and duties of the Employer and the Engineer are identified and discussed. Potential pitfalls are highlighted and likely consequences pointed out.

The importance of the Employer’s role in the preparation of tenders, which fully reflect his requirements and duties and obligations arising in the execution of the works, is emphasised. The key role of the Engineer in the effective administration of contracts after award is examined and commentary provided.

Included in the guide are a number of appendices, including model letters which will be of value to less experienced staff (particularly those whose mother-tongue is not the English language).

Engineers, quantity surveyors and project managers engaged in the contractual administration of international projects using FIDIC forms of contract will find the concise guidance in simple and jargon-free language provided here invaluable.

This, together with the author’s earlier book, Contractor’s Guide to the FIDIC Conditions of Contract - which describes the duties, rights and responsibilities of the Contractor – represents the totality of supervision, design and execution of construction projects executed under the FIDIC Conditions of Contract.

This book’s companion website offers invaluable resources to freely download, adapt and use:

• Model letters for use by the Employer
• Model letters for use by the Contractor
• Sample Interim Payment Certificate
• Model Form for Submissions to the Engineer
• Model Form of Engineer’s Order for Varied Works
• Model Form of Daywork/Daily Record Sheets

Leseprobe

Contents

Preface

Acknowledgements and Dedication

Chapter 1: The Employer and the FIDIC Conditions of Contract for Construction (CONS) – ‘The Red Book’

Clause 1 General Provisions

1.0

1.1 Definitions

1.2 Interpretation

1.3 Communications

1.4 Law and Language

1.5 Priority of Documents

1.6 Contract Agreement

1.7 Assignment

1.8 Care and Supply of Documents

1.9 Delayed Drawings and Instructions

1.10 Employer’s Use of the Contractor’s Documents

1.11 Contractor’s Use of Employer’s Documents

1.12 Confidential Details

1.13 Compliance with Statutes, Regulations and Laws

1.14 Joint and Several Liability

Clause 2 The Employer

2.1 Right of Access to the Site

2.2 Permits, Licences or Approvals

2.3 Employer’s Personnel

2.4 Employer’s Financial Arrangement

2.5 Employer’s Claims

Clause 3 The Engineer

3.1 Engineer’s Duties and Authority

3.4 Replacement of the Engineer

3.5 Determinations

Clause 4 The Contractor

4.0 General

4.1 Contractor’s General Obligations

4.2 Performance Security

4.3 Contractor’s Representative

4.4 Subcontractors

4.5 Assignment of Benefit of Subcontract

4.6 Co-operation

4.7 Setting Out

4.8 Safety Procedures

4.9 Quality Assurance

4.10 Site Data

4.11 Sufficiency of the Accepted Contract Amount

4.12 Unforeseeable Physical Conditions

4.13 Rights of Way and Facilities

4.14 Avoidance of Interference

4.15 Access Route

4.16 Transport of Goods

4.17 Contractor’s Equipment

4.18 Protection of the Environment

4.19 Electricity, Water and Gas

4.20 Employer’s Equipment and Free-Issue Material

4.21 Progress Reports

4.22 Security of the Site

4.23 Contractor’s Operations on Site

4.24 Fossils

Clause 5 Nominated Subcontractors

5.0 General

5.1 Definition of ‘Nominated Subcontractor’

5.2 Objection to Nomination

5.3 Payments to Nominated Subcontractors

5.4 Evidence of Payments

Clause 6 Staff and Labour

6.1 Engagement of Staff and Labour

6.2 Rates of Wages and Conditions of Labour

6.3 Persons in Service of Employer

6.4 Labour Laws

6.5 Working Hours

6.7 Health and Safety

6.8 Contractor’s Superintendence

6.9 Contractor’s Personnel

6.10 Records of Contractor’s Personnel and Equipment

6.11 Disorderly Conduct

Clause 7 Plant, Materials and Workmanship

7.3 Inspection

7.7 Ownership of Plant and Materials

Clause 8 Commencement, Delays and Suspension

8.1 Commencement of Work

8.2 Time for Completion

8.4 Extension of Time

8.5 Delay Caused by Authorities

8.6 Rate of Progress

8.7 Delay Damages

8.8 Suspension of the Works

8.9 Consequences of Suspension

8.10 Payment for Plant and Materials in Event of Suspension

8.11 Prolonged Suspension

8.12 Resumption of Work

Clause 9 Tests on Completion

9.1 Contractor’s Obligations

9.2 Delayed Tests

9.3 Re-testing

9.4 Failure to Pass Tests on Completion

Clause 10 Employer’s Taking Over

10.1 Taking Over of the Works and Sections

10.2 Taking Over of Parts of the Works

10.3 Interference with Tests on Completion

Clause 11 Defects Liability

11.1 Completion of Outstanding Work and Remedying Defects

11.2 Cost of Remedying Defects

11.3 Extension of Defects Notification Period

11.4 Failure to Remedy Defects

11.5 Removal of Defective Work

11.9 Performance Certificate

11.10 Unfulfilled Obligations

11.11 Clearance of Site

Clause 12 Measurement and Evaluation

12.1 Works to be Measured

12.2 Method of Measurement

12.3 Evaluation

12.4 Omissions

Clause 13 Variations and Adjustments

13.0 General

13.1 Right to Vary

13.4 Payment in Applicable Currencies

13.5 Provisional Sums

13.6 Daywork

13.7 Adjustments for Changes in Legislation

13.8 Adjustment for Changes in Cost

Clause 14 Contract Price and Payment

14.1 The Contract Price

14.2 Advance Payment

14.3 Application for Interim Payment Certificates

14.4 Schedule of Payments

14.5 Plant and Materials Intended for the Works

14.6 Issue of Interim Payment Certificates

14.7 Payment

14.8 Delayed Payment

14.9 Payment of Retention Money

14.10 Statement at Completion

14.11 Application for Final Payment Certificate

14.12 Discharge

14.13 Issue of Final Payment Certificate

14.14 Cessation of Employer’s Liability

14.15 Currencies of Payment

Clause 15 Termination by the Employer

15.1 Notice to Correct

15.2 Termination by the Employer

15.3 Valuation at Date of Termination

15.4 Payment after Termination

15.5 Employer’s Entitlement to Termination

Clause 16 Suspension and Termination by the Contractor

16.1 Contractor’s Entitlement to Suspend Work

16.2 Termination by the Contractor

16.3 Cessation of Work and Removal of Contractor’s Equipment