The FIDIC Contracts (eBook)

Obligations of the Parties

Andy Hewitt (Autor)

eBook Download: EPUB

2014
John Wiley & Sons (Verlag)
978-1-118-29178-8 (ISBN)

Infos

'It is clear that there is less chance of failure to observe contract compliance using [this] book, than reliance on reading though the appropriate clauses in the contract... A big plus is that those using the book will find answers to queries relating to contractual issues arising from the FIDIC contracts' conditions in a fraction of the time it would take if it were necessary to study the full text... For those using the FIDIC forms for the first time, or infrequently, this book is a must, whilst experienced users will find it a valuable memory jogger. Whichever category the reader falls into, using this book should improve performance...The book is ideal for engineers, quantity surveyors, contract managers and any person whose job it is to understand the workings of a FIDIC contract.'
Roger Knowles

The most important part of any contract is the obligations of the parties, the time frames in which the parties must perform these obligations, and the consequences of failing to meet them. Failure to carry out obligations correctly is a serious risk and common source of contention or claims.

This practical ready-reference on the contractual obligations of the various parties for a FIDIC construction contract promotes efficient administration of construction projects, prevents contention and aids an easier understanding of their obligations. The FIDIC Contracts: Obligations of the Parties is presented in an easily-referenced format, with the obligations set out in tabular form and clear summaries for each type of contract given in separate sections for the Employer, the Contractor and the Engineer.

This guide's accessible style will enable the project manager, quantity surveyor or contract manager to quickly check that his company is performing the required obligations correctly - and also to ensure that other parties are doing the same.

Andy Hewitt, FICCP, FCInstCES, FQSi, ACIOB, ACIArb, MDBF, is the principal of Hewitt Construction Consultancy, which specialises in construction contracts, claims and dispute resolution. He is also the developer and principal of 'Claims Class', which provides education and training on the subject of construction claims by way of distance learning and 2-day intensive training programmes. Andy Hewitt has 40 years' experience in the construction industry - UK, Africa and the Middle East -holding senior commercial and project management positions with contractors, subcontractors and consultants.

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It is vital to ensure that your company complies with its contractual obligations. It is also vital to check whether the other parties are complying with theirs. This book was written to help those involved in the management of busy construction projects to find answers to contractual issues arising from the FIDIC forms of contract. The book is organised in such a way that you can find answers in a fraction of the time it would take to study the full conditions of contract. This book sets out the contractual obligations of the Employer, the Contractor, the Engineer and the DAB in a simple tabular form, together with the time-frames in which they should be performed and the consequences of non-compliance. This means that you will have all the information at your fingertips without having to study lengthy contractual clauses. For those using the FIDIC forms for the first time, or perhaps not using them too often, this book is a must, whilst experienced users will find it provides a valuable checklist. Whichever category you fall into, using this book should improve both knowledge and efficiency. The book is ideal for engineers, quantity surveyors, contract managers and any person whose job it is to understand the workings of a FIDIC contract. Roger Knowles had this to say: "e;The most important part of any contract is the obligations of the parties, the time frames in which the parties must perform these obligations, and the consequences of failing to meet them. Failure to carry out obligations correctly is a serious risk and common source of contention or claims. This practical ready-reference on the contractual obligations of the various parties for a FIDIC construction contract promotes efficient administration of construction projects, prevents contention and aids an easier understanding of their obligations."e; The FIDIC Contracts: Obligations of the Parties is presented in an easily-referenced, tabular format. The Red, Pink, Red Book Subcontract, Yellow, Silver, Gold, Pink, Green and White Books are all included and for ease of reference, each contract is separated into sections relating to the Employer, the Contractor, the Engineer (or the equivalent) and the DAB. This guide's accessible style will enable all parties and personnel involved in the project to quickly check that their company is performing the required obligations correctly - and also to ensure that other parties are doing the same.

Autor

Andy Hewitt, FICCP, FCIOB, FCInstCES, FQSi has over 40 years' experience in the construction industry, gained in the UK, Africa and the Middle East. His earlier career included senior positions with contractors, subcontractors and consultants in project, commercial and contract management roles, during which time he worked on many prestigious projects. For the past 15 years or so, Andy has specialised in contractual matters, claims and disputes, culminating in him becoming a partner in Hewitt Decipher Partnership, offering consultancy services relating to contractual and commercial matters, claims and disputes. Andy is also a partner in Claims Class, a specialist organisation that offers training and education on claims, the FIDIC contracts and related subjects. Hundreds of companies and individuals have benefitted from Andy's experience, delivered via Claims Class' internationally acclaimed workshops and e-courses.

Inhalt

About the Author v

Foreword vi

Acknowledgements vii

Introduction ix

Chapter 1 the Red Book: Conditions of Contract for Construction, for Building and Engineering Works Designed by the Employer, First Edition 1999 1

The Obligations of the Employer 3

The Obligations of the Contractor 14

The Obligations of the Engineer 38

The Obligations of the Dispute Adjudication Board 50

Chapter 2 the Pink Book: Conditions of Contract for Construction, MDB ¯1 Harmonised Edition for Building and Engineering Works Designed by the Employer, June 2010 55

The Obligations of the Employer 57

The Obligations of the Contractor 69

The Obligations of the Engineer 98

The Obligations of the Dispute Board 111

Chapter 3 The Red Book Subcontract: Conditions of Subcontract for Construction for Building and Engineering Works Designed by the Employer, First Edition 2011 115

The Obligations of the Contractor 117

The Obligations of the Subcontractor 130

Chapter 4 The Yellow Book: Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant, and for Building and Engineering Works, Designed by the Contractor, First Edition 1999 143

The Obligations of the Employer 145

The Obligations of the Contractor 156

The Obligations of the Engineer 183

The Obligations of the Dispute Adjudication Board 196

Chapter 5 The Silver Book: Conditions of Contract for EPC/Turnkey Projects, First Edition 1999 199

The Obligations of the Employer 201

The Obligations of the Contractor 218

The Obligations of the Dispute Adjudication Board 244

Chapter 6 The Gold Book: Conditions of Contract for Design, Build and Operate Projects, First Edition 2008 247

The Obligations of the Employer 249

The Obligations of the Contractor 260

The Obligations of the Employer's Representative 290

The Obligations of the Dispute Adjudication Board 304

Chapter 7 The Green Book: Short form of Contract, First Edition 1999 309

The Obligations of the Employer 311

The Obligations of the Contractor 315

The Obligations of the Adjudicator 321

Chapter 8 The White Book: Client/Consultant Model Services Agreement, Fourth Edition 2006 323

The Obligations of the Client 325

The Obligations of the Consultant 330

Produkt-Details

• Erscheint lt. Verlag: 25.4.2014
• Sprache: englisch
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Privatrecht / Bürgerliches Recht
• Themenwelt: Technik ► Bauwesen
• Schlagworte: appropriate clauses • Baubetrieb • Bauingenieur- u. Bauwesen • Baurecht • BIG • Book • Chance • Civil Engineering & Construction • clear • Compliance • construction law • Construction Management • Contract • engineers • experienced users • Failure • Ideal • LESS • Massenermittlung u. Bauökonomie • Massenermittlung u. Bauökonomie • memory jogger • Observe • performancethe • Plus • Quantity Surveying & Construction Economics • Reader • Reading • Reliance • valuable • whichever
• ISBN-10: 1-118-29178-6 / 1118291786
• ISBN-13: 978-1-118-29178-8 / 9781118291788