A Contractor's Guide to the FIDIC Conditions of Contract

Michael D. Robinson (Independent Consulting Engineer)

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English

John Wiley & Sons Inc
08 April 2011

Construction industry; Law as it applies to other professions; Construction & engineering law; Civil engineering, surveying & building

This guide will help the contractor’s staff overcome some of the difficulties encountered on a typical international contract using FIDIC forms.

The majority of FIDIC-based contracts use the Red Book (Conditions of Contract for Construction), so this book concentrates on the use of those particular forms. Supplementary comments are included in Appendix C for the Yellow Book (Plant & Design-Build) recommended for use where the contractor has a design responsibility.

The Contractor is represented on site by the Contractor’s Representative who carries the overall responsibility for all the Contractor’s on-site activities. In order to provide guidance to the Contractor’s Representative and his staff, this book is divided into five sections:

A summarized general review of the Red Book from the Contractor’s perspective.

A review of the activities and duties of the Contractor’s Representative in the same clause sequencing as they appear in the Red Book.

A summary of these activities and duties but arranged in order of their likely time sequence on site. This has the added intention of providing the Contractor’s Representative with a means of ensuring that documents are not only properly provided to the Employer and Engineer, but most importantly that they are provided within the time limits specified in the Contract.

A selection of model letters is provided which make reference to the various clauses of the contract requiring the Contractor to make submissions to the Employer or Engineer.

Various appendices.

The guide is not intended to be a review of the legal aspects of FIDIC- based contracts; legal advice should be obtained as and when necessary, particularly if the Contractor has little or no knowledge of the local law.

Armed on site with a copy of The Contractor and the FIDIC Contract, the Contractor’s Representative will be more able to avoid contractual problems rather than spend considerable time and energy resolving those problems once they have arisen.

By: Michael D. Robinson (Independent Consulting Engineer)
Imprint: John Wiley & Sons Inc
Country of Publication: United States
Dimensions: Height: 254mm, Width: 178mm, Spine: 20mm
Weight: 748g
ISBN: 9780470657645
ISBN 10: 0470657642
Pages: 274
Publication Date: 08 April 2011
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Preface v Acknowledgements and dedication ix Chapter 1 Review of the FIDIC Conditions of Contract for Construction (CONS) – ‘The Red Book’ 1 Chapter 2 Activities and duties of the FIDIC Contractor’s Representative discussed in the same order as they appear in the FIDIC Conditions of Contract 105 Chapter 3 Activities and duties of the FIDIC Contractor’s Representative summarised and arranged in time sequence 143 Appendices 157 Appendix A Contractor’s claims under a CONS contract 159 Appendix B Employer’s claims under a CONS contract 161 Appendix C Conditions of Contract for Plant and Design-build (P & DB) – ‘The Yellow Book’ 162 Appendix D Conditions of Contract for EPC/Turnkey projects (EPCT) – ‘The Silver Book’ 165 Appendix E Other FIDIC publications 166 Appendix F Model form for submissions to the Engineer for approval and/or consent 168 Appendix G Model form of daywork/daily record sheets 169 Appendix H Evaluation of cost 171 Appendix I Contractor’s overhead costs 173 Appendix J Model letters for use by the Contractor 178 Introduction to indexes 250 Index of sub-clauses (FIDIC system) 251 Index of sub-clauses (sorted according to FIDIC clause numbering system) 258

Michael D. Robinson, Independent Consulting Engineer has 50 years of experience with contract management and contractual issues for major civil engineering projects worldwide. He has extensive experience with dispute resolution, engineers’ decisions, and dispute resolution boards and he lectures on the FIDIC Conditions of Contract.