The 2017 FIDIC Contracts - William Godwin

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Résumé :

Foreword xiii

Preface xv

About the Author xvii

1 Overview of the 2017 Contracts 1

1.1 Introduction 1

1.2 The Rainbow Suite: The Main Features of the 1999 Red, Yellow and Silver Books 2

1.2.1 The 1999 Red Book 2

1.2.2 The 1999 Yellow Book 4

1.2.3 The 1999 Silver Book 5

1.3 Contractor Risk in the Silver Book: Two Examples 7

1.3.1 Unforeseeable Difficulties 7

1.3.2 Errors in Employer's Requirements 7

1.4 New Potential Risks for Contractor and Employer in the 2017 Books 8

1.4.1 Contractor Risks 8

1.4.2 Employer Risks 10

1.5 FIDIC's Guidance for the Preparation of Particular Conditions 13

1.5.1 The Contract Data 13

1.5.2 The Special Provisions 13

1.5.3 Golden Principles 14

1.5.4 Tender Documents 14

1.5.5 Drafting Options 14

1.5.6 Building Information Modelling 15

1.6 Forms 15

2 Key General Provisions 17

2.1 Definitions 17

2.2 Notices and Other Communications 17

2.3 Law and Language 18

2.3.1 Governing Law 18

2.3.2 Language of the Contract/Communications 19

2.4 Priority of Documents 19

2.5 Errors in the Employer's Requirements/Delayed Drawings and Instructions 20

2.5.1 Errors in Employer's Requirements: Yellow Book Clause 1.9 20

2.5.2 Delayed Drawings and Instructions 21

2.6 Use of Documents 21

2.7 Compliance with Laws 22

2.8 Limitation of Liability 23

2.8.1 Indirect or Consequential Loss or Damage 23

2.8.2 Cap on Contractor's Total Liability 25

2.9 Contract Termination: Clause 1.16 Red and Yellow Books/1.15 Silver Book 26

3 The Employer, the Engineer and Contract Administration 27

3.1 The Employer 27

3.1.1 Right of Access to Site 27

3.1.2 Assistance 28

3.1.3 Employer's Personnel and Other Contractors 28

3.1.4 Employer's Financial Arrangements 28

3.1.5 Site Data and Items of Reference 29

3.1.6 Employer-supplied Materials and Employer's Equipment 29

3.2 The Engineer/Employer's Administration 29

3.2.1 Contract Administration in the Three Books: Engineer's/Employer's Representative's Role and Authority 30

3.2.2 Instructions 32

3.2.3 Instructions: The 2017 Provisions 33

3.2.4 Where the Instruction Does Not State that it is a Variation 33

3.2.5 Clause 3.5/3.4 Sub-paragraph (a) 34

3.2.6 Clause 3.5/3.4 Sub-paragraph (b) 35

3.3 Agreement or Determination 35

3.3.1 Consultation 35

3.3.2 Engineer's Determination 36

3.3.3 Time Limits 36

3.3.4 Effect of Agreement or Determination 37

3.3.5 Dissatisfaction with Engineer's Determination 38

3.4 Meetings 39

4 The Contractor and Fitness for Purpose 41

4.1 Contractor's General Obligations 41

4.1.1 Yellow and Silver Books 41

4.1.2 Red Book 41

4.1.3 'Fitness for Purpose' 42

4.1.4 Other General Obligations 45

4.2 Contractor to Provide Performance Security 45

4.3 Contractor's Representative 47

4.4 Subcontractors 47

4.5 Nominated Subcontractors 48

4.6 Contractor's Documents: The 2017 Red Book 49

4.7 Cooperation 50

4.8 Quality Management and Compliance Verification Systems 50

4.8.1 Quality Management System 51

4.8.2 Compliance Verification 51

4.9 Use of Site Data 52

4.10 Unforeseeable Difficulties/Physical Conditions 53

4.10.1 Unforeseeable Physical Conditions: Procedure 54

4.11 Other Contractor's Obligations 55

5 Design 57

5.1 Contractor's General Design Obligations 57

5.1.1 Silver Book: Errors in Employer's Req...

Biographie:
time-related provisions in the three contracts including extensions of time, and the Employer's right to suspend the works...

Sommaire:

Provides a clear and comprehensive guide to the 2017 FIDIC contracts-written by a member of the FIDIC Updates Task Group

FIDIC contracts are the most widely used engineering standard form contracts internationally but until 2017 the three main forms (the Red, Yellow and Silver Books) had not been amended or updated for nearly two decades, since the first editions were published in 1999. Written by a specialist lawyer who was member of the FIDIC Updates Task Group responsible for writing the new contracts, this book examines in detail the many substantial changes they have introduced. After providing an overview the contracts are examined clause by clause with the aim of showing how each compares and contrasts with the others and how the second editions compare and contrast with the first. ??

The first chapter describes how the Red, Yellow and Silver Books evolved from earlier contract forms and the distinctive characteristics of each, before providing an overview of the updates, including new potential risks for both Employer and Contractor, and then examining, in the second chapter, key general provisions such as the new rules on notices and limitation of liability. Chapter 3 examines the enhanced role of the Engineer in the Red and Yellow Books/Employer's Representative's function in the Silver including the new procedure for determinations as well as the Employer's obligations and contract administration. The Contractor's obligations are considered in chapter 4 while chapter 5 examines his responsibility for design in the Yellow and Silver Books. Chapters 6 to 14 deal respectively with plant, materials and workmanship and staff and labour...