The FIDIC Forms of Contract

In 1999 FIDIC introduced a new ‘Red Book’ for international civil engineering and large building projects, together with new Yellow, Silver and Green forms of contract for other types of project. However, the previous edition of the Red Book (the fourth edition) continues to be widely used and it seems likely that the 1999 edition will not replace it in the medium term, at least in certain parts of the world.
This important work therefore continues to be based on the fourth edition of the Red Book and considers the many developments affecting the fourth edition that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It also includes an important new section considering the 1999 Red, Yellow, Silver and Green forms and how they interact with the previous form.

Spis treści:
Part I Background and Concepts of the Red Book;.
Chapter 1 Background of the Red Book.
1.1 The ACE Form.
1.2 The First Edition of the Red Book.
1.3 The Second and Third Editions of the Red Book.
1.4 The Fourth Edition of the Red Book.
1.5 The 1996 Supplement to the Red Book.
1.6 Concepts of the Red Book.
1.7 The New Suite of FIDIC Contracts.
Chapter 2 The Red Book is based on a domestic contract.
2.1 Introduction.
2.2 Diversity of legal systems.
2.3 The applicable law in international construction.
2.4 The applicable law of the contract.
2.5 Law governing procedure.
2.6 Law governing enforcement of awards.
2.7 Grouping of the contemporary legal systems.
2.8 The Romano–Germanic group.
2.8.1 Sources of law in the Romano–Germanic group.
2.8.2 Legal authoritative writing.
2.8.3 Areas of the law affecting construction in the Romano–Germanic group.
2.9 The common law group.
2.9.1 Sources of law in the common law group.
2.9.2 Areas of the law affecting construction in the common law group.
2.10 The law in Islamic countries.
2.10.1 Sources of Islamic law.
Chapter 3 Legal concepts based on the common law system.
3.1 The law applicable to the contract.
3.2 Conflict.
3.3 Some specific concepts under the common law.
3.3.1 Substantive law and procedural law.
3.3.2 Legislation, common law and equity.
3.4 Tort.
3.5 Contract – general principles.
3.5.1 Prerequisites of a contract.
3.5.2 Limitation periods.
3.6 Privity of contract.
3.7 Performance of a contract.
3.8 The contents of a contract.
3.9 Remedies for breach of contract.
3.10 Exclusion clauses.
3.11 The responsibility to complete.
Chapter 4 Drafting principles.
Chapter 5 The concept of a trusted independent engineer.
5.1 Introduction.
5.1.1 FIDIC′s Statutes and By–Laws and the independent engineer.
5.1.2 FIDIC′s Code of Ethics.
5.1.3 FIDIC′s Quality–Based Selection, ′QBS′.
5.2 Other suppliers of consulting services.
5.3 Services provided by the consulting engineer.
5.3.1 Counselling services.
5.3.2 Pre–investment studies.
5.3.3 Design, preparation of documents and supervision.
5.3.4 Specialised design and development services.
5.3.5 Project management.
5.3.6 Programme manager.
5.4 Independence.
Chapter 6 A traditional re–measurement contract.
6.1 Factors governing choice of contract.
6.2 The allocation of essential functions.
6.2.1 The allocation of the function relating to finance.
6.2.2 The allocation of the functions of design and construction.
6.2.3 The allocation of risk, quality control and the method of pricing and payment.
6.3 Re–measurement contracts.
6.3.1 The Red Book is a re–measure contract.
6.3.2 Contracts with a bill of quantities.
6.3.3 Contracts with a schedule of rates.
6.4 Cost–reimbursable contracts.
6.5 Lump sum contracts.
6.5.1 The Supplement to t he Fourth Edition of the Red Book, Section B.
6.5.2 Main Features of FIDIC′s Form for Payment on a lump sum basis.
Chapter 7 Sharing of risks.
7.1 Introduction.
7.2 The definition of ′risk′.
7.3 Measurement of risk.
7.4 Risk management.
7.5 Allocation of risk and their management.
7.6 Allocation of Risks in the Red Book.
7.7 Responsibility and Liability.
7.8 Indemnity and Insurance.
Chapter 8 The concepts in practice.
8.1 The Red Book in use.
8.2 Areas of conflict.
8.2.1 A relationship of trust.
8.2.2 The role of the engineer.
8.2.3 Avoidance of risk.
8.2.4 The design function.
8.2.5 Absence of a legal system.
8.2.6 Distrust of changes.
8.2.7 Legal questions.
8.3 EIC/FIDIC survey of 1996.
8.4 A brief summary of Part I.
Part II The Fourth Edition: A Commentary.
Chapter 9 The revisions – purposes and consequences.
9.1 Introduction.
9.2 Clause 1.
9.2.1 Definition of ′Engineer′ under group (a).
9.2.2 Definition of ′tests on completion′.
9.2.3 Definitions under group (e).
9.2.4 Definitions under group (f).
9.2.5 Definitions under group (g).
9.2.6 Definition of ′approved′.
9.3 Clause 2.
9.3.1 Requirement for consultation.
9.3.2 Responsibility for delegation.
9.3.3 Requirement for writing.
9.3.4 Express requirement for impartiality.
9.4 Sub–clause 5.2.
9.5 Sub–clauses 6.1, 6.4 and 65.
9.6 Clause 7.
9.7 Clause 8.
9.8 Clause 10.
9.9 Sub–clause 12.2.
9.10 Clause 13.
9.11 Sub–clauses 14.1 and 14.3.
9.12 Clause 15.
9.13 Clause 19.
9.14 Clause 20.
9.15 Clause 21.
9.16 Clause 23.
9.17 Clause 25.
9.18 Clause 27.
9.19 Clause 28.
9.20 Clause 30.
9.21 Clause 34 and 35.
9.22 Sub–clause 36.5.
9.23 Clause 37.
9.24 Clause 40.
9.25 Clause 41.
9.26 Sub–clause 42.3.
9.27 Clause 44.
9.28 Claus e 46.
9.29 Clause 51.
9.30 Sub–clause 52.3.
9.31 Clause 53 and 54.
9.32 Sub–clause 57.2.
9.33 Clause 60.
9.34 Sub–clauses 65.4 and 66.1.
9.35 Clause 67.
9.36 Clause 69.
9.37 Other changes made in the 1992 Reprint.
9.38 Concluding remarks.
Part III The Fourth Edition in Practice.
Chapter 10 Role of the engineer.
10.1 Introduction.
10.2 The engineer as a designer.
10.3 The engineer as the employer′s agent.
10.3.1 Authority and duties of the engineer.
10.4 The engineer′s proactive duties and authority.
10.5 The engineer′s reactive duties and authority.
10.6 The engineer′s passive duties and authorities.
10.7 The engineer as a supervisor.
10.8 The engineer as certifier.
10.9 The engineer as adjudicator or quasi–arbitrator.
10.10 Concluding remarks.
Chapter 11 Responsibility and liability of the engineer.
11.1 Introduction.
11.2 Responsibility of the engineer towards the employer.
11.3 Responsibility of the engineer towards the contractor.
11.3.1 In the common law countries.
11.3.2 In the Romano–Germanic system.
11.4 The responsibility of the engineer towards third parties (other than the contractor).
11.5 The responsibility of the engineer towards society; employees; and the engineer himself.
11.6 Liability in construction.
11.7 Levels of Liability.
Chapter 12 The employer′s obligations.
12.1 Introduction.
12.2 Identification of specific elements of the project.
12.3 Appointment of engineer.
12.4 Possession of site.
12.5 To provide instructions as and when they are required.
12.6 The employer is to refrain from taking any action which would impede or interfere with the progress of the works.
12.7 The employer if to supply materials and carry out works if these form part of the work as defined in the contract.
12.8 The employer is to nominate specialist sub