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FIDIC intro author eng. mohammed fadlalla

Mohammed Fadlalla ,PMP 速
Mohammed Fadlalla ,PMP 速

an introduction to FIDIC contracts and the other available international modules. Provides and overview of history of FIDIC contracts, documents under FIDIC, types of contract clauses, and contract structure.

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Contract Administration `FIDIC contracts
A legal binding agreement between two or more parties enforceable by law Contract is
FIDIC intro author eng. mohammed fadlalla
INTERNATIONAL MODELS OF CONTRACTS
Joint Contracts Tribunal New Engineering Contract Canadian Construction Association (CCA) Royal Architectural Institute of Canada PFI Promotion Office of the Cabinet Office of Japan Engineers Joint Contract Documents Committee (EJCDC) Hong Kong Institute of Architects (HKIA) The General Conditions of Contract for Construction Works 2004 (GCC) South African Institute for Civil Engineering.
F I D I C is :F辿d辿ration Internationale Des Ing辿nieurs-Conseils Or in English the Federation of International Engineering Consultants FIDIC is an international standards organization for the consulting engineering & construction best known for the FIDIC family of contract templates. FIDIC is standard it is no a LAW!
The FIDIC has started in 1913 in Ghent, Belgium with association of consultant engineering between three countries France, Switzerland, and Belgium. Over the years, FIDIC has become famous for its secondary activity of producing standard form contracts for the construction and engineering industry. It is now adopted in 90% of international construction contracts.
1913 FIDIC established in Ghent, Belgium The (old) Red Book 1957 The (old) Red and Yellow Book First published (in 1967) with the third and last edition in 1987. FIDIC Rainbow or FIDIC 4 The (new) Red Book Released in 1999 2006 New Golden Book for DBO 2017 New edition of FIDIC
FIDIC Suit of Contracts COLOR Contract RED Book RB Construction designed by employer Yellow bookYB Plant and Design-Build Silver Book SB EPC turn key Green Book GB Short form of contract White Book WB Client employer Agreement model Golden book BOT/BOOT Design Build Operate DBO projects Blue Book Reclamation and Dredging contract Pink book MDB HARMONISED EDITION
FIDIC membership is now over 60 countries
FIDIC contracts are very clear and detailed and cover all kinds of issues that can happen during the process of construction in order to reduce the risk of any future disputes. FIDIC contracts include the best practices in the industry and the common issues and concerns that may be found in similar projects. International standard Balanced Risk Share Clear Structure Less Ambiguity Base on English Common Law
Based on Anglo-Saxon extracted law, it is well recognised worldwide BASED ON POPULAR LAW COMMON LAW Sequence form definition to obligations to contract administration to dispute resolution to closeout CLEAR STRUCUTRE Reasonable sequence Written by highly qualified association with high clarity and lessor ambiguity LESS AMBIGUITY Professionally drafted Balanced share of risk and reasonable distribution of obligation between parties. BALANCED RISK SHARE Reasonable contractual relationship
CONTRACT CLAUSES Definition
Document under FIDIC does not much differ from normal contract documents, however each document must be in line with FIDIC proviso: 1) Agreement 2) Letter of acceptance 3) The Letter of Tender 4) Particular Conditions 5) General Conditions 6) Particular and General Specifications 7) Program of Work (AKA time schedule) 8) Bills of Quantities or Prices schedule 9) Appendix To Tender ATT 10) Other (as needed).
- Clause 1 General Provisions (Definitions) - Clause 2 - The Employer - Clause 3 - The Engineer - Clause 4 - The Contractor - Clause 5 Nominated Subcontractors - Clause 6 - Staff and Labour - Clause 7 - Plant Materials and Workmanship - Clause 8 - Commencement Delays and Suspension - Clause 9 - Tests on Completion - Clause 10 - Employers Taking Over - Clause 12 Measurement and valuation - Clause 13 - Variations and Adjustments - Clause 14 - Contract Price and Payment - Clause 15 - Termination by Employer - Clause 16 Suspension and Termination by Contractor - Clause 17 Risk and Responsibility - Clause 18 Insurance - Clause 19 Force Majure - Clause 20 - Employers and Contractors Claims - Clause 21 - Disputes and Arbitration
Time Bar clause Time-bar clauses typically impose specific time frames.The claim cannot be granted unless it has been presented in writing within a specific time frame. Remedy granting clause Remedy granting clauses are the clauses define specific compensation for time, cost, extension of liability or warranties,or other remedies. Contract breach clause This is where one party breaches sole contractual obligation.
Performance Clause It applies for clauses of which the party required to perform according to specific performance. General Obligation Clause This clause specifies what the party must do. Contract Interpretation This is where we can find definition of terms or general understanding point of view.
CAPTILIZATION: Any capitalized word i.e. refers to definition stated in clause 1, while if it is not capitalized it read as per the context. EXAMPLE: Cost if it capitalized then
END ThankYou Eng. Mohammed Fadlalla, PMP

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FIDIC intro author eng. mohammed fadlalla

  • 2. A legal binding agreement between two or more parties enforceable by law Contract is
  • 5. Joint Contracts Tribunal New Engineering Contract Canadian Construction Association (CCA) Royal Architectural Institute of Canada PFI Promotion Office of the Cabinet Office of Japan Engineers Joint Contract Documents Committee (EJCDC) Hong Kong Institute of Architects (HKIA) The General Conditions of Contract for Construction Works 2004 (GCC) South African Institute for Civil Engineering.
  • 6. F I D I C is :F辿d辿ration Internationale Des Ing辿nieurs-Conseils Or in English the Federation of International Engineering Consultants FIDIC is an international standards organization for the consulting engineering & construction best known for the FIDIC family of contract templates. FIDIC is standard it is no a LAW!
  • 7. The FIDIC has started in 1913 in Ghent, Belgium with association of consultant engineering between three countries France, Switzerland, and Belgium. Over the years, FIDIC has become famous for its secondary activity of producing standard form contracts for the construction and engineering industry. It is now adopted in 90% of international construction contracts.
  • 8. 1913 FIDIC established in Ghent, Belgium The (old) Red Book 1957 The (old) Red and Yellow Book First published (in 1967) with the third and last edition in 1987. FIDIC Rainbow or FIDIC 4 The (new) Red Book Released in 1999 2006 New Golden Book for DBO 2017 New edition of FIDIC
  • 9. FIDIC Suit of Contracts COLOR Contract RED Book RB Construction designed by employer Yellow bookYB Plant and Design-Build Silver Book SB EPC turn key Green Book GB Short form of contract White Book WB Client employer Agreement model Golden book BOT/BOOT Design Build Operate DBO projects Blue Book Reclamation and Dredging contract Pink book MDB HARMONISED EDITION
  • 11. FIDIC contracts are very clear and detailed and cover all kinds of issues that can happen during the process of construction in order to reduce the risk of any future disputes. FIDIC contracts include the best practices in the industry and the common issues and concerns that may be found in similar projects. International standard Balanced Risk Share Clear Structure Less Ambiguity Base on English Common Law
  • 12. Based on Anglo-Saxon extracted law, it is well recognised worldwide BASED ON POPULAR LAW COMMON LAW Sequence form definition to obligations to contract administration to dispute resolution to closeout CLEAR STRUCUTRE Reasonable sequence Written by highly qualified association with high clarity and lessor ambiguity LESS AMBIGUITY Professionally drafted Balanced share of risk and reasonable distribution of obligation between parties. BALANCED RISK SHARE Reasonable contractual relationship
  • 14. Document under FIDIC does not much differ from normal contract documents, however each document must be in line with FIDIC proviso: 1) Agreement 2) Letter of acceptance 3) The Letter of Tender 4) Particular Conditions 5) General Conditions 6) Particular and General Specifications 7) Program of Work (AKA time schedule) 8) Bills of Quantities or Prices schedule 9) Appendix To Tender ATT 10) Other (as needed).
  • 15. - Clause 1 General Provisions (Definitions) - Clause 2 - The Employer - Clause 3 - The Engineer - Clause 4 - The Contractor - Clause 5 Nominated Subcontractors - Clause 6 - Staff and Labour - Clause 7 - Plant Materials and Workmanship - Clause 8 - Commencement Delays and Suspension - Clause 9 - Tests on Completion - Clause 10 - Employers Taking Over - Clause 12 Measurement and valuation - Clause 13 - Variations and Adjustments - Clause 14 - Contract Price and Payment - Clause 15 - Termination by Employer - Clause 16 Suspension and Termination by Contractor - Clause 17 Risk and Responsibility - Clause 18 Insurance - Clause 19 Force Majure - Clause 20 - Employers and Contractors Claims - Clause 21 - Disputes and Arbitration
  • 16. Time Bar clause Time-bar clauses typically impose specific time frames.The claim cannot be granted unless it has been presented in writing within a specific time frame. Remedy granting clause Remedy granting clauses are the clauses define specific compensation for time, cost, extension of liability or warranties,or other remedies. Contract breach clause This is where one party breaches sole contractual obligation.
  • 17. Performance Clause It applies for clauses of which the party required to perform according to specific performance. General Obligation Clause This clause specifies what the party must do. Contract Interpretation This is where we can find definition of terms or general understanding point of view.
  • 18. CAPTILIZATION: Any capitalized word i.e. refers to definition stated in clause 1, while if it is not capitalized it read as per the context. EXAMPLE: Cost if it capitalized then