An Employers and Engineers Guide to the FIDIC Conditions of Contract

When all parties involved in the construction process fully understand their roles and are able to anticipate potential points of conflict, disputes and delays will be minimised. An Employer’s and Engineer’s Guide to the FIDIC Conditions of Contract sets out the essential administrative requirements of a FIDIC based contract by reference to the FIDIC 1999 Red Book. The obligations and duties of the Employer and the Engineer are identified and discussed. Potential pitfalls are highlighted and likely consequences pointed out. The importance of the Employer’s role in the preparation of tenders, which fully reflect his requirements and duties and obligations arising in the execution of the works, is emphasised. The key role of the Engineer in the effective administration of contracts after award is examined and commentary provided. Included in the guide are a number of appendices, including model letters which will be of value to less experienced staff (particularly those who are not native–English speakers). Engineers, quantity surveyors and project managers engaged in the contractual administration of international projects using FIDIC forms of contract will find the concise guidance in simple and jargon–free language provided here invaluable. This, together with the author’s earlier book, A Contractor’s Guide to the FIDIC Conditions of Contract – which describes the duties, rights and responsibilities of the Contractor – represents the totality of supervision, design and execution of construction projects executed under the FIDIC Conditions of Contract.

Preface vii Acknowledgements and Dedication xi Chapter 1 The Employer and the FIDIC Conditions of Contract for Construction (CONS) – ‘The Red Book’ 1 Chapter 2 The Engineer and the FIDIC Conditions of Contract for Construction (CONS) – ‘The Red Book’ 71 Appendices 145 Appendix A Conditions of Contract for Plant and Design–Build 1999 (P & DB) ‘The Yellow Book’ 147 Appendix B Conditions of Contract for EPC/Turnkey Projects (EPCT) 150 ‘The Silver Book’ Appendix C Other FIDIC Publications 151 Appendix D Employer’s Claims under a CONS Contract 153 Appendix E Contractor’s Claims under a CONS Contract 154 Appendix F Preparation of Interim Payment Certificates 156 Appendix G Model Form for Submissions to the Engineer for Approval and/or Consent 160 Appendix H Model Form of Engineer’s Order for Varied Works 161 Appendix I Model Form of Daywork/Daily Record Sheets 162 Appendix J Model Letters for Use by the Employer 164 Appendix K Model Letters for Use by the Engineer 175 Introduction to Indexes 205 Index of Sub–Clauses (FIDIC System) 206 Index of Sub–Clauses (sorted according to FIDIC Clause numbering system) 212 

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, dispute resolution boards and he lectures on the practical on–site usage aspects of FIDIC contracts.