
FIDIC
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In this unique guide to the suite of contracts published by FIDIC (The International Federation of Consulting Engineers) the contract forms most widely used for international construction undertakings twenty-two outstanding authorities in construction law from a wide variety of countries describe relevant likely pitfalls (and special opportunities) for foreign lawyers in each of their jurisdictions. The countries covered are Brazil, Egypt, England, France, Germany, India, Japan, Malaysia, The Netherlands, Saudi Arabia, Sweden, and the United States. The books great usefulness, however, is not limited to these countries; as the editor points out in his introduction, legal systems are so widely shared among groups of countries that reasonable extrapolation is available here to virtually any construction site on earth.
The treatment covers such topics as:
allocation of risk;
the FIDIC flow chart for settling disputes;
post-completion responsibility of the parties;
disputes relating to non-contractual claims;
allegations of fraud or gross negligence;
dealing with bribery and extortion;
delay and disruption;
proving entitlement to extension of time;
right to deduct liquidated damages;
changed conditions;
rights of subcontractors and suppliers; and
unforeseeability.
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- INTERNATIONAL BAR ASSOCIATION the global voice of the legal profession
- Dedication
- Table of Contents
- INTRODUCTION
- ABOUT THE EDITOR AND AUTHORS
- BRAZIL
- Characteristics of the Construction Contract in Brazil
- Legal sources of the Construction Contract
- Formal Aspects of the Construction Contract
- Legal Nature of the Construction Contract
- Characteristics of the construction contract on a project basis - General acceptability of the Silver Book and FIDIC forms
- Change of the Contractual Object and Term for Delivery of the Works
- Change of Deadline for Completion FIDIC clause 8.4
- Rights of the Principal in View of Delayed Delivery of the Works - FIDIC Clause 8
- Price Adjustment - FIDIC Clauses 13 and 19 (among others)
- Events of Exclusion of the Right to Indemnity
- Building Contractor's Rights in the Event of Contractual Default by the Owner - FIDIC Clause 16
- Events where the Contract on a Project Basis is Extinguished - FIDIC Clauses 15 and 16
- Subcontracting FIDIC Clauses 4.4 to 4.6
- Characteristics of the Construction Contract on a Management Basis
- Construction according to Law 4591
- Contract for the Construction of Public Works - Tender Procedures
- Liability in construction contracts - FIDIC Clause 11
- Dispute Resolution
- Arbitration FIDIC Clause 20
- Mediation
- Litigation
- Choice of Jurisdiction
- Brazilian Code of Civil Procedure
- EGYPT
- Sources of Egyptian Law
- Legislative Sources
- Case Law
- Legal Writings
- Classification of Construction Contracts under Egyptian Law
- CLAUSES OF THE CONTRACT
- General Provisions (Clause 1)
- Interpretation (Clause 1.2)
- Law and Language (Clause 1.3)
- The Contractor (Clause 4)
- Performance Security (Clause 4.2)
- Sub-Contracting and Direct Action by Sub-Contractors (Clause 4.4)
- Design (Clause 5)
- Staff and Labor (Clause 6)
- Delay Damages (Clause 8.7)
- Defects Liability (Clause 11)
- Variations (Clause 13)
- The special rights of public employers
- Delayed Payment (Clause 14.8)
- Terminations by Employer (Clause 15)
- Termination at Will
- Termination for Cause
- Termination by Law
- Suspension and Terminations by Contractor (Clause 16)
- Insurance (Clause 18)
- Force majeure (Clause 19)
- Claims, Disputes and Arbitration (Clause 20)
- ENGLAND
- INTRODUCTION
- Implied Terms under English Law
- Special Consideration of the Silver Book
- English Canons of Interpretation of contracts
- English law of Tort
- DISCUSSION OF CERTAIN GENERAL CONDITIONS
- Definitions
- Interpretation (Clause 1.2)
- Communications (Clause 1.3)
- Law and Language (Clause 1.4)
- Priority of Documents (Clause 1.5)
- Contract Agreement (Clause 1.6)
- Assignment (Clause 1.7)
- Delayed Drawings or Instructions (Clause 1.9 Red Book only)
- THE EMPLOYER (Clause 2)
- Right of Access to the Site (Clause 2.1 All Books)
- Permits, Licences or Approvals (Clause 2.2 All Books)
- Employer's Financial Arrangements (Clause 2.4 All Books)
- Employer's Claims (Clause 2.5 All Books)
- THE ENGINEER (Clause 3)
- Engineer's Duties and Authority (Clause 3.1)
- Instructions of the Engineer (Clause 3.3 Orange and Red Books)
- Instructions (Clause 3.4 Silver Book)
- THE CONTRACTOR (Clause 4)
- Contractor's General Obligations (Clause 4.1 All Books)
- Fitness for Purpose (All Books)
- Performance Security (Clause 4.2 All Books)
- Sub-Contractors (Clause 4.4 All Books)
- Site Data (Clause 4.10 All Books)
- Sufficiency of the Accepted Contract Amount (Clause 4.11)
- Unforeseeable Physical Conditions (Clause 4.12 Red and Orange Books)
- Access Route/Transport of Goods (Clauses 4.15/4.16)
- Protection of the Environment (Clause 4.18)
- DESIGN (Clause 5 Silver and Orange Books)
- General Comments - Design (Clause 5.1)
- Technical Standards and Regulations (Clause 5.4 Orange and Silver Books)
- PLANT, MATERIALS AND WORKMANSHIP (Clause 7)
- Ownership of Plant and Materials (Clause 7.7 All Books)
- COMMENCEMENT, DELAYS AND SUSPENSIONS (Clause 8 All Books)
- General Comments
- Network Analysis and Delay
- Extension of Time for Completion (Clause 8.4 All Books)
- Delay Damages (Clause 8.7 All Books)
- DEFECTS LIABILITY (Clause 11 All Books)
- Completion of Outstanding Work and Remedying Defects
- Cost of Remedying Defects (Clause 11.2 All Books)
- Extension of Defects Notification Period (Clause 11.3 All Books)
- Failure to Remedy Defects (Clause 11.4 All Books)
- Examples
- Performance Certificate (Clause 11.9 All Books)
- Unfulfilled Obligations (Clause 11.10 All Books)
- VARIATIONS AND ADJUSTMENTS (Clause 13 All Books)
- Right to Vary (Clause 13.1 All Books)
- Value Engineering (Clause 13.2 All Books)
- Variation Procedure (Clause 13.3 All Books)
- When is a variation not a Variation?
- CONTRACT PRICE AND PAYMENT (Clause 14 All Books)
- The Contract Price (Clause 14.1)
- Issue of Interim Payment Certificates (Clause 14.6 All Books)
- Delayed Payment (Clause 14.8 All Books)
- Cessation of Employer's Liability (Clause 14.14 All Books)
- TERMINATION BY EMPLOYER (Clause 15 All Books)
- General
- Notice to Correct (Clause 15.1)
- Termination by Employer (Clause 15.2)
- Payment after Termination (Clause 15.4)
- Employer's Entitlement to Termination (Clause 15.5)
- SUSPENSION AND TERMINATION BY CONTRACTOR (Clause 16 All Books)
- RISK AND RESPONSIBILITY (Clause 17 All Books)
- Indemnities (Clause 17.1)
- Contractor's Care of the Works (Clause 17.2)
- Employer's Risks (Clause 17.3)
- Limitation of Liability (Clause 17.6)
- FORCE MAJEURE (Clause 19 All Books)
- Doctrine of Frustration
- CLAIMS, DISPUTES AND ARBITRATION (Clause 20 All Books)
- Appointment of the Dispute Adjudication Board (Clause 20.2)
- Obtaining Dispute Adjudication Board's Decision (Clause 20.4)
- Amicable Settlement (Clause 20.5)
- Arbitration (Clause 20.6)
- CONCLUSION - THE POT OF GOLD IS IN THE TEXT?
- FRANCE
- The Organisation of the French Industry
- The Interference of Good Faith and Administrative Law Principles
- Good Faith
- Administrative Law
- French Construction Contract Law in the FIDIC Context
- The FIDIC's ''valuation'' method and the limits of its validity
- Validity of the lump sum price under French law and its impact on the implementation of the FIDIC form
- The main administrative law theories in favour of the contractor and their impact on the FIDIC form
- The Impact of Competitive Bidding on the Implementation of the FIDIC Forms
- Dispute Resolution and FIDIC
- Termination
- Decennial Liability
- Time Bar for Claims
- Force Majeure
- General Conclusion
- GERMANY
- INTRODUCTION
- Construction Contracts under the German Legal Regime
- The General Terms and Conditions Act
- The Various Manners how German Law can be Applied on the Contract
- The Engineer (Clause 3)
- The Contractor (Clause 4), in particular Site Data (Clause 4.10), and Unforeseeable Difficulties (Clause 4.12)
- Defects Liability (Clause 11)
- Comparison between EPCT and CONS as well as P & DB
- The System
- Completion of Outstanding Work and Remedying Defects (Clause 11.1)
- Defects Notification Period
- Cost of Remedying Defects (Clause 11.2)
- Performance Certificate (Clause 11.9)
- Comparison of Clause 11 of the FIDIC-new series with the ''old'' Red Book
- Comparative remarks concerning the German statutory provisions and the provisions of the VOB/B
- Risk and Responsibility (Clause 17)
- Force Majeure (Clause 19)
- VIII. Summary
- INDIA
- INTRODUCTION TO THE INDIAN LEGAL SYSTEM
- INTRODUCTION TO TURNKEY PROJECTS IN INDIA
- DEFINITIONS (Clause 1.1)
- Contract (Clause 1.1.1.1)
- Contract Agreement (Clause 1.1.1.2)
- Acceptance (Clause 1.1.1.3)
- Specification (Clause 1.1.1.5)
- Drawing (Clause 1.1.1.6)
- Schedule of Prices (Clause 1.1.1.7)
- Tender (Clause 1.1.1.8)
- Bill of Quantities and Daywork Schedule (Clause 1.1.1.10)
- PARTIES AND PERSONS (Clause 1.1.2)
- Party (Clause 1.1.2.1)
- Employer (Clause 1.1.2.2)
- Contractor (Clause 1.1.2.3)
- Engineer (Clause 1.1.2.4)
- ''CONTRACTOR'S REPRESENTATIVE'' (Clause 1.1.2.5)
- Employer's Personnel (Clause 1.1.2.6)
- Contractor's Personnel (Clause 1.1.2.7)
- Sub-contractor (Clause 1.1.2.8)
- DAB (Clause 1.1.2.9)
- DATES, TESTS, PERIODS AND COMPLETION (Clause 1.1.3)
- Commencement Date (Clause 1.1.3.2)
- Time For Completion (Clause 1.1.3.3)
- Tests On Completion (Clause 1.1.3.4)
- Defects Notification Period (Clause 1.1.3.7)
- MONEY AND PAYMENTS (Clause 1.1.4)
- Contract Price (Clause 1.1.4.2)
- Final Payment Certificate (Clause 1.1.4.4)
- Interim Payment Certificate (Clause 1.1.4.7)
- Retention Money (Clause 1.1.4.11)
- WORKS AND GOODS (Clause 1.1.5)
- Contractor's Equipments (Clause 1.1.5.1)
- Goods (Clause 1.1.5.2)
- Materials (Clause 1.1.5.3)
- Permanent Works (Clause 1.1.5.4)
- Plant (Clause 1.1.5.5)
- Section (Clause 1.1.5.6)
- Temporary Works (Clause 1.1.5.7)
- Works (Clause 1.1.5.8)
- OTHER DEFINITIONS (Clause 1.1.6)
- Contractor's Documents (Clause 1.1.6.1)
- Country (Clause 1.1.6.2)
- Employer's Equipments (Clause 1.1.6.3)
- Force Majeure (Clause 1.1.6.4)
- Laws (Clause 1.1.6.5)
- Performance Security (Clause 1.1.6.6)
- Site (Clause 1.1.6.7)
- Unforeseeable (Clause 1.1.6.8)
- Variation (Clause 1.1.6.9)
- COMMUNICATIONS (Clause 1.3)
- LAWAND LANGUAGE (Clause 1.3)
- PRIORITY OF DOCUMENTS (Clause 1.5)
- ASSIGNMENT (Clause 1.7)
- CARE AND SUPPLY OF DOCUMENTS (Clause 1.8)
- DELAYED DRAWINGS OR INSTRUCTIONS (Clause 1.9)
- EMPLOYER'S USE OF CONTRACTOR'S DOCUMENTS (Clause 1.10)
- CONTRACTOR'S USE OF EMPLOYER'S DOCUMENTS (Clause 1.11)
- CONFIDENTIAL DETAILS (Clause 1.12)
- COMPLIANCE WITH LAWS (Clause 1.13)
- JOINT AND SEVERAL LIABILITY (Clause 1.14)
- THE EMPLOYER (Clause 2)
- Right of access to the site (Clause 2.1)
- THE ENGINEER, AN INTRODUCTION (Clause 3)
- ENGINEER'S DUTIES AND AUTHORITY (Clause 3.1)
- General
- Standard of Care
- Design
- Examination of the Site
- Drawings, Information, and Instructions
- Manner of Execution
- Nomination of a Sub-Contractor or Supplier
- Compliance with Legislative Requirements
- Exercise of Check on Estimates
- Framing of Quantities
- Recommendation of Builders
- Supervision of Works
- Exercise of Administrative Control
- Survey
- Appointment of Quantity Surveyor
- Agent of the Employer
- Quasi-Judicial Duties
- Certification of Works
- DELEGATION BY THE ENGINEER (Clause 3.2)
- INSTRUCTIONS OF THE ENGINEER (Clause 3.3)
- REPLACEMENT OF THE ENGINEER (Clause 3.4)
- THE CONTRACTOR (Clause 4)
- THE GENERAL OBLIGATIONS OF THE CONTRACTOR (Clause 4.1)
- Obligation to Complete Work
- To Complete Work Within the Stipulated Time
- To Complete Work Within a Reasonable Time When Time Not Specified
- Implied Condition as to Workmanship
- Obligation as to Fitness of Materials
- Suitability of Materials and Design
- To Complete Work as per Drawings
- To Acquaint Himself of Site Conditions
- Difficulty in Execution No Excuse
- Exclusion of Liability for Ineffective Work
- Indemnity and Insurance
- Substantial Performance
- Exercise of Administrative Control
- Right to do Whole Work
- Entire Contract
- Work Contingently Necessary to Achieve Completion
- To Carry Out Preparatory Work
- Work Expressly or Impliedly Included
- Satisfaction of Employer
- Duty to Forewarn
- Duty of Care Towards Employer
- PERFORMANCE SECURITY (Clause 4.2)
- CONTRACTOR'S REPRESENTATIVES (Clause 4.3)
- SUB-CONTRACTORS (Clause 4.4)
- Definition of ''Sub-contractor''
- Relation between Principal Contractor and Sub-Contractor
- ASSIGNMENT OF BENEFIT OF SUBCONTRACT (Clause 4.5)
- CO-OPERATION (Clause 4.6)
- SETTING OUT (Clause 4.7)
- SAFETY PROCEDURES (Clause 4.8)
- QUALITY ASSURANCE (Clause 4.9)
- SITE DATA (Clause 4.10)
- SUFFICIENCY OF THE ACCEPTED CONTRACT AMOUNT (Clause 4.11)
- UNFORSEEABLE PHYSICAL CONDITIONS (Clause 4.12)
- AVOIDANCE OF INTERFERENCE (Clause 4.14)
- ACCESS ROUTE (Clause 4.15)
- TRANSPORT OF GOODS (Clause 4.16)
- CONTRACTOR'S EQUIPMENT (Clause 4.17)
- PROTECTION OF THE ENVIRONMENT (Clause 4.18)
- ELECTRICITY, WATER AND GAS (Clause 4.19)
- PROGRESS REPORTS (Clause 4.21)
- Security of The Site (Clause 4.22)
- CONTRACTOR'S OPERATIONS ON SITE (Clause 4.23)
- FOSSILS (Clause 4.24)
- DESIGN (Not Red Book) (Clause 5)
- General Design Obligation Under Indian Law (Clause 5.1)
- PLANT, MATERIALS AND WORKMANSHIP (Clause 7)
- MANNER OF EXECUTION (Clause 7.1)
- SAMPLES (Clause 7.2)
- INSPECTION (Clause 7.3)
- TESTING (Clause 7.4)
- REJECTION (Clause 7.5)
- REMEDIAL WORK (Clause 7.6)
- COMMENCEMENT, DELAYS AND SUSPENSION (Clause 8)
- COMMENCEMENT OF WORK (Clause 8.1)
- TIME FOR COMPLETION (Clause 8.2)
- EXTENSION OF TIME FOR COMPLETION (Clause 8.4)
- Delay and Prevention (FIDIC Clause 19)
- DELAYS CAUSED BY AUTHORITIES (Clause 8.5)
- SUSPENSION OF WORK (Clause 8.8)
- CONSEQUENCES OF SUSPENSION (Clause 8.9)
- PROLONGED SUSPENSION (Clause 8.11)
- DEFECTS LIABILITY (Clause 11)
- AN INTRODUCTION
- COMPLETION OF OUTSTANDING WORK AND REMEDYING (Clause 11.1)
- DEFECTS
- COST OF REMEDYING DEFECTS (Clause 11.2)
- EXTENSION OF DEFECTS NOTIFICATION PERIOD (Clause 11.3)
- FAILURE TO REMEDY DEFECTS (Clause 11.4)
- REMOVAL OF DEFECTIVE WORK (Clause 11.5)
- FURTHER TESTS (Clause 11.6)
- PERFORMANCE CERTIFICATE (Clause 11.9)
- UNFULFILLED OBLIGATIONS (Clause 11.10)
- MEASUREMENT AND VALUATION (Clause 12)
- WORKS TO BE MEASURED (Clause 12.1)
- METHOD OF MEASUREMENT (Clause 12.2)
- VARIATIONS AND ADJUSTMENTS (Clause 13)
- AN INTRODUCTION
- RIGHT TO VARY (Clause 13.1)
- VARIATION PROCEDURE (Clause 13.3)
- PROVISIONAL SUMS (Clause 13.5)
- ADJUSTMENTS FOR CHANGES IN COST (Clause 13.8)
- CONTRACT PRICE AND PAYMENT (Clause 14)
- AN INTRODUCTION
- The Contract Price (Clause 14.1)
- Advance Payment (Clause 14.2)
- Application For Interim Payment Certificates (Clause 14.3)
- Schedule of Payment (Clause 14.4)
- Plant and Material Intended for the Works (Clause 14.5)
- PAYMENT OF RETENTION MONEY (Clause 14.9)
- Statement At Completion (Clause 14.10)
- Application For Final Payment Certificates (Clause 14.11)
- Discharge (Clause 14.12)
- Issue Of Final Payment Certificates (Clause 14.13)
- Currencies Of Payment (Clause 14.15)
- TERMINATION BY EMPLOYER (Clause 15)
- Termination By Employer (Clause 15.2)
- VALUATION AT DATE OF TERMINATION (Clause 15.3)
- PAYMENT AFTER TERMINATION (Clause 15.4)
- EMPLOYER'S ENTITLEMENT TO TERMINATION (Clause 15.5)
- SUSPENSION AND TERMINATION BY CONTRACTOR (Clause 16)
- Contractor's Entitlement to Suspend Work (Clause 16.1)
- TERMINATION BY CONTRACTOR (Clause 16.2)
- Prevention by Not Affording Possession of Site
- Prevention by Not Supplying Plans or Instructions
- Prevention by the Architect/Engineer
- Prevention by Fraud
- Effect of Prevention
- Conclusion
- RISK AND RESPONSIBILITY (Clause 17)
- Indemnities (Clause 17.1)
- EMPLOYER'S RISKS (Clause 17.3)
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (Clause 17.5)
- INSURANCE (Clause 18)
- AN INTRODUCTION
- FORCE MAJEURE (Clause 19)
- Definition of Force Majeure (Clause 19.1)
- NOTICE OF FORCE MAJEURE (Clause 19.2)
- DUTY TO MINIMISE DELAY (Clause 19.3)
- CONSEQUENCES OF FORCE MAJEURE (Clause 19.4)
- RELEASE FROM PERFORMANCE UNDER THE LAW (Clause 19.7)
- CLAIMS, DISPUTES AND ARBITRATION (Clause 20)
- Contractor's Claim (Clause 20.1)
- Appointment of the Arbitral Tribunal (Clause 20.2)
- Failure to Appoint Arbitral Tribunal (Clause 20.3)
- Obtaining Tribunal's Award (Clause 20.4)
- JAPAN
- A. CHARACTERISTICS OF JAPANESE CONSTRUCTION CONTRACT
- A-1 Source of Law for Japanese Construction Contract
- A-2 Traditional Nature of the Japanese Construction Contract
- A-3 Standard Forms of Japanese Construction Contract
- A-4 Formality of Japanese Construction Contract
- A-5 Japanese Joint Venture Contracting
- B. FORCE MAJEURE (FIDIC Clause 19)
- B-1 Definition of Force Majeure
- B-2 Time and Cost Consequence of Force Majeure
- B-3 Suspension and Termination due to Force Majeure
- B-4 Impossibility of Performance resulting from Force Majeure (FIDIC Clause 19.7)
- C. DEFECT LIABILITY (FIDIC Clause 11)
- C-1 Nature of Contractor's Defect Liability
- C-2 Employer's Rights to seek rectification of Defects
- C-3 Defect Liability/Notification Period (FIDIC Clause 11.3)
- C-4 Release or Reduction of Defect Liability
- D. TIMELY COMPLETION AND DELAY (FIDIC Clause 8)
- D-1 Employer's Right to change Completion Time
- D-2 Employer's Claim for Contractor's Delay and Liquidated Damages (FIDIC Clause 8.7)
- D-3 Contractor's Claim to Time Extension and Bonus for Early Completion (FIDIC Clauses 8.4 and 8.5)
- E. VARIATIONS (FIDIC Clause 13)
- E-1 Nature and Validity of Variation
- E-2 Scope of Variation
- E-3 Price and Time Adjustment resulting from Variation/s
- E-4 Contractor's Initiated Variations
- E-5 Termination for Convenience
- F. ENGINEER'S ROLE AND RESPONSIBILITY
- F-1 Definition of Engineer
- F-2 Role and Responsibility of Engineer in Construction Contract (FIDIC Clause 3)
- F-3 Engineer's Liability to the Employer and Third Parties
- G. DISPUTE RESOLUTION
- G-1 Dispute Resolution and the Construction Business Act
- G-2 Japanese Practice of Construction Dispute Resolution
- G-3 Dispute Resolution Processes under the Japanese General Conditions (compared to FIDIC Clause 20)
- G-4 Validity of Arbitration Agreement
- MALAYSIA
- INTRODUCTION
- The Professions Engaged in Civil Engineering and Building Works
- The Building Contract
- The Standard Forms of Contract in Malaysia
- Approval of Plans and Building Regulations
- Enforcing Statements Made Independent of Contract
- International Engineering Contracts and the Applicable Law
- The Court
- Arbitration (FIDIC Clause 20)
- Force Majeure Clause (FIDIC Clause 19)
- Damages and Liquidated Assessed Damages under Malaysian Law (FIDIC Clause 8.7)
- Liquidated Assessed Damages
- The Consulting Engineer (FIDIC Red Book Clause 3)
- Delegation of Authority
- Death and Termination of Contract
- Role of Engineer (FIDIC Clause 5 - apart from the Red Book)
- Design
- Agent of Employer
- Supervisor
- Certification of Progress and Project Completion (FIDIC Clause 14)
- Adjudicator and Quasi-Arbitrator (FIDIC Clause 3.5)
- Responsibility Towards Employer (FIDIC Clause 3.1)
- Right of Employer where Engineer Defaults
- Fraud
- Liability for Want of Skill/Negligence
- Duty of Engineer
- Right to Drawings and Plans (FIDIC Clauses 1.8 to 1.11)
- Remuneration
- CONCLUSION
- NETHERLANDS
- INTRODUCTION
- Jurisprudence
- The FIDIC Books
- The Engineer (Clause 3) (New Red Book and the New Yellow Book)
- Setting out (Clause 4.7)
- Site Data (Clause 4.10) and
- Unforeseeable Difficulties (Clause 4.12)
- Defects Liability (Clause 11)
- Risk and Responsibility (Clause 17)
- SAUDI ARABIA
- INTRODUCTION
- Overview of the Legal Regime for Construction in Saudi Arabia
- The Shari'ah
- Riba (unjust enrichment)
- Ghahrar (Uncertainty, Risk, Speculation)
- The King's Directives
- Contract Law in Saudi Arabia
- Contract Drafting, Translation and Interpretation
- General Provisions (Silver Book Clause 1)
- The Employer (Silver Book Clause 2)
- The Employer's Administration (Silver Book Clause 3)
- The Contractor (Silver Book Clause 4)
- Design (Silver Book Clause 5)
- Staff and Labor (Silver Book Clause 6)
- Plant, Materials and Workmanship (Silver Book Clause 7)
- Commencement, Delays and Suspension (Silver Book Clause 8)
- Defects Liability (Silver Book Clause 11)
- Variations and Adjustments (Silver Book Clause 13)
- Contract Price and Payment (Silver Book Clause 14)
- Default of Contractor (Silver Book Clause 15)
- Default of Employer (Silver Book Clause 16)
- Risk and Responsibility (Silver Book Clause 17)
- Insurance (Silver Book Clause 18)
- Claims, Disputes and Arbitration (Silver Book Clause 20)
- Summary
- SWEDEN
- CONSTRUCTION CONTRACTS UNDER SWEDISH LAW
- Introduction
- General and Special Contract Law
- Commercial Construction Law
- The Relationship to the Purchase
- Consumer Services Act
- Custom
- The Relationship between AB 92 and Custom
- Conclusions
- Continuation of the Presentation
- Variations and Adjustments (FIDIC Clause 13)
- FITNESS FOR PURPOSE
- Functional criteria
- Contractual Functional Requirements
- Lack of Clear Function Requirements
- Conclusions
- Force majeure
- Force majeure according to FIDIC
- AB 92
- Swedish Law
- Conclusions
- Liquidated Damages
- Presentation of the demand for liquidated damages
- Compensation in Addition to Liquidated Damages
- Modification of Liquidated Damages
- Contracted Limitations on the Amount of Compensation in Damages upon Termination by the Employer
- The Contract Law General Clause
- Editor's Note and General Comment
- SWITZERLAND
- 1. INTRODUCTION
- 2. SWISS CONSTRUCTION LAW
- 2.1. Sources of Swiss law relevant to the FIDIC Conditions
- 2.2. Interpreting the FIDIC Conditions under Swiss law
- 3. INTERFACES BETWEEN THE FIDIC CONDITIONS AND SWISS LAW
- 3.1. Time for the Performance of the Works in FIDIC Contracts
- 3.2. The Engineer
- 3.3. Delays
- 3.4. The Contractor's Claims for Variations and Other Changes in the Circumstances Concerning the Performance of the Works
- 3.5. Limited Liability and Gross Negligence
- 3.6. Force Majeure
- 3.7. Remedying of Defects
- 3.8. Termination of the Contract
- 4. SOME COMMENTS REGARDING THE SILVER BOOK
- 5. DISPUTE ADJUDICATION BOARDS AND ARBITRATION
- UNITED STATES OF AMERICA
- INTRODUCTION
- GENERAL PROVISIONS (DEFINITIONS AND BASIC PRINCIPLES)
- Parties
- Bid/Tender
- The Project or Work
- Time for Completion of the Work
- Substantial Completion/Taking Over Certificate
- RELATIONSHIP OF PARTIES
- FIDIC
- AIA/EJCDC
- SUBCONTRACTING
- FIDIC
- AIA
- EJCDC
- CHANGES TO THE WORK
- FIDIC
- AIA
- EJCDC
- FAR
- LEGAL ANALYSIS
- DIFFERING SITE CONDITIONS
- FIDIC
- AIA
- EJCDC
- FAR
- LEGAL ANALYSIS
- FORCE MAJEURE
- FIDIC
- AIA
- EJCDC
- FAR
- DELAYS TO THE WORK
- FIDIC
- AIA
- EJCDC
- FAR
- LEGAL ANALYSIS
- OWNER'S RIGHTS OF TERMINATION AND SUSPENSION
- Suspension of the Work
- Termination for Default
- Termination for Convenience
- CONTRACTOR'S RIGHTS OF TERMINATION AND SUSPENSION
- Suspension by the Contractor
- Termination by the Contractor
- DISPUTE RESOLUTION
- FIDIC
- AIA
- EJCDC
- FAR
- CORRECTION OF DEFECTIVE WORK
- FIDIC
- AIA
- EJCDC
- FAR
- INDEMNIFICATION
- FIDIC
- AIA/EJCDC
- FAR
- LEGAL ANALYSIS
- CONCLUSION
- Index
- Back Cover
System requirements
File format: PDF
Copy-Protection: Adobe-DRM (Digital Rights Management)
System requirements:
- Computer (Windows; MacOS X; Linux): Install the free reader Adobe Digital Editions prior to download (see eBook Help).
- Tablet/smartphone (Android; iOS): Install the free app Adobe Digital Editions or the app PocketBook before downloading (see eBook Help).
- E-reader: Bookeen, Kobo, Pocketbook, Sony, Tolino and many more (only limited: Kindle).
The file format PDF always displays a book page identically on any hardware. This makes PDF suitable for complex layouts such as those used in textbooks and reference books (images, tables, columns, footnotes). Unfortunately, on the small screens of e-readers or smartphones, PDFs are rather annoying, requiring too much scrolling.
This eBook uses Adobe-DRM, a „hard” copy protection. If the necessary requirements are not met, unfortunately you will not be able to open the eBook. You will therefore need to prepare your reading hardware before downloading.
Please note: We strongly recommend that you authorise using your personal Adobe ID after installation of any reading software.
For more information, see our eBook Help page.