The document provides information about FIDIC (International Federation of Consulting Engineers), including that it was established in 1913 and represents over 600,000 engineering consultants worldwide. It discusses the FIDIC Red Book, which provides a standard form of contract between an employer and contractor for construction projects designed by the employer. The document also provides background on the speaker, Moustafa Abu Dief, who has over 30 years of experience in construction projects, engineering, contracts and claims.
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Bim arabia red fidic
1. Contract Management Consultant Module 1020 R1 2020
RED FIDIC 2nd Edition, 2017
CMC Program
By: Moustafa I. Abu
Dief
1
Contracts Management Consultant Program Module 1020 R1 2020- by Dr. Moustafa Ismail
https://www.linkedin.com/in/moustafa-ismail-ph-d-cfcc-mcinstces-mciob-
rmp-pmp-ficcp-ccp-
93798a16/?lipi=urn%3Ali%3Apage%3Ad_flagship3_feed%3B%2FO66nFaKT1i
pcA42cdbalw%3D%3D&licu=urn%3Ali%3Acontrol%3Ad_flagship3_feed-
identity_welcome_message
CMC Module 1020–R1 2021
Contract Management Consultant
Red FIDIC 2nd Edition, 2017
2. FIDIC Suit of Contracts Module 1020 R1 2021 2
FIDIC Suit of Contracts 1020 R1 2021
By: Dr. Eng. Moustafa I. Abu Dief
@moustafaabudief
Module I FIDIC RED BOOK 2017
FIDIC Suit of Contracts 1020 R1 2021 Module I
3. 3
Contracts and Claims Manager, Moustafa has Experience in Construction
Projects, Engineering, Contracts, Claims, Dispute Resolution, and Training for 30
Years In Egypt, Qatar, Kuwait, KSA. Since 2005 he is a member and certification
grader, reviewer in different professional organizations
Moustafa I. Abu Dief, Ph.D, CFCC™, PMP®, CCP, PMI-RMP, FCIOB, Fcinst.CES
Dr. Moustafa is Certified Forensic Claims (CFCC
Consultant In Addition To:
• Associate Prof. ABMS University- Switzerland
• Consultant engineer, Saudi Council of Engineers, Certified
ARBITRATOR
• Fellow Institute of Civil Engineers Surveyors,
• Fellow , Chartered Institute Of Building, UK.
• Certified Arbitrator, Egypt, Kuwait, Bahrain, and KSA
• Fellow and A Prof. Justice Academy for Legal and economics.
• Fellow, Institute Of Construction Claims Practitioner, US, 2016
• PMI-RMP, CCP, QMS/ Qa Management IRCA Certification.
• PMP, ARICS, PMOC certification, CFCC Exam Grader.
FIDIC Suit of Contracts Module 1020 R1 2021
5. FIDIC Suit of Contracts Module 1020 R1 2021 5
FIDIC Suit of Contracts 1020 R1 2021
Contact details
moustafa1_ismail@yahoo.com
https://www.linkedin.com/in/moustafa-ismail-abu-dief-93798a16/
https://twitter.com/moustafaabudief
https://www.slideshare.net/moustafismail
00966508297971- 00966560074207 KSA
Moustafa I. Abu Dief, Ph.D, CFCC™, PMP®, CCP, PMI-RMP, FCIOB, FCInstCES
6. FIDIC Suit of Contracts Module 1020 R1 2021 6
FIDIC 2017 RED BBOOK
Our New Approach
Proactive
1.Zero Failed Project %
2. Continuous Business Relationship
0
7. FIDIC Suit of Contracts Module 1020 R1 2021 7
FIDIC Suit of Contracts 1020 R1 2021
FIDIC Suit of Contracts Modules
Subject Module
Practical Use of the FIDIC
Contracts
I
FIDIC Contracts Management and
Administration
I
Claims and Disputes Resolution II
Dispute Adjudication Boards
Arbitration, Saudi SCCA, UK.
CI.arb Chartered Membership
II
8. FIDIC Suit of Contracts Module 1020 R1 2021 8
Contract Administration Training course
Contracts Management
Consultant CMC
Program- CMC Module 1010 – M 1020-
M 1030- Module 1040
Contract Management Consultant
Programme.
An integrated contracts and claims
management competencies development
Programme Comprises Module 1010 –
Module 1020- Module 1030- Module 1040
The participants shall achieve a
professional level of competencies, skills,
and they will be accredited as:
Contracts Management Consultant CMC.
9. FIDIC Suit of Contracts Module 1020 R1 2021 9
Introduction.
• The construction project should be a beneficial endeavor to the
project stakeholders,
The FIDIC RED book is drafted for the contract Between An
Employer And The Contractor for the Construction For Building
And Engineering Works Designed By The Employer
FIDIC Suit of Contracts Module 1020 R1 2021
16. 16
FIDIC Suit of Contracts Module 1020 R1 2021
Red FIDIC 2nd Edition 2017
Agree
ment
General
Conditions
Particular
Conditions
Specifications
Any other
document
Part A
Contract
Data
Part B
Special
Provisions
The
Schedul
es
JV
undertaking
Conditions of Contract for Construction
LOA Drawings
17. FIDIC Suit of Contracts Module 1020 R1 2021 17
FIDIC Suit of Contracts “Red Book”
Fidic Second Edition 2017 Principles.
• These Conditions of Contract for Construction include the conditions, which are
likely to apply to the majority of such contracts.
• FOR Essential items of information which are particular to each individual
contract are to be included in P Conditions (customize) Part A – Contract Data.
(CD), periods such as: .. quantities consumed during the period in CD. Time for C.
• In addition, it is recognized that many Employers, especially governmental
agencies, may require special conditions of contract, or particular procedures,
which differ from those included in the General Conditions. These should be
included in Part B – Special Provisions, such as:
“the Contractor’s entitlement to EOT shall be assessed in accordance with the rules
and procedures stated in the Special Provisions (if not stated, as appropriate taking
due regard of all relevant circumstances)”. S.Cl. 8.5 Extension of Time for Completion
18. 18
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
1.5 Priority of Documents The documents forming the Contract are to
be taken as mutually explanatory of one
another. If there is any conflict, ambiguity
or discrepancy, the priority of the
documents shall be in accordance with the
following sequence:
(a) the Contract Agreement; (f) these General Conditions;
(b) the Letter of Acceptance; (g) the Specification;
(c) the Letter of Tender; (h) the Drawings;
19. 19
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
1.5 Priority of Documents
• If a Party finds an ambiguity or discrepancy in the documents,
that Party shall promptly give a Notice to the Engineer,
describing the ambiguity or discrepancy.
• After receiving such Notice, or if the Engineer finds an
ambiguity or discrepancy in the documents, the Engineer shall
issue the necessary clarification or instruction.
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
Q. What is your proper decision? Discrepancy situation
7 cm Drawings/ Specs
10 cm
BOQ
Knowing that:
1. The technical needs is 10 cm (after due clarification)
2. Priority of document is for
Specs& Drawings
3. The Quantities are significant.
What is your contractual expert decision?
21. FIDIC Suit of Contracts Module 1020 R1 2021 21
FIDIC Suit of Contracts “Red Book”
Fidic Second Edition 2017 Principles.
• Red Book Continues FIDIC’s fundamental principles of balanced risk sharing
while seeking to build on the substantial experience gained from its use over the
past 18 years. (1999-2017).
• For example, this 2nd edition provides:
1) greater detail and clarity on the requirements for notices and other
communications;
2) provisions to address Employers’ and Contractors’ claims treated equally and
separated from disputes;
3) mechanisms for dispute avoidance and
4) detailed provisions for quality management, and verification of Contractor’s
contractual compliance.
22. FIDIC Suit of Contracts Module 1020 R1 2021 22
FIDIC Suit of Contracts “Red Book”
التغٌٌرات
الرئٌسٌة
التى
أدخلت
على
اإلصدار
الثانى
للفٌدٌك
2017
أمثلة
:
تعد
النماذج
الجدٌدة
أطول
بكثٌر
وتحتوي
على
ًحوال
50
%
من
الكلمات
زٌادة
عن
السابق
.
وأسباب
هذه
الزٌادة
ًه
إدراج
المزٌد
من
أحكام
إدارة
العقود
.
1
-
تحسٌنات
للشروط
واألحكام
المتعلقة
بإدارة
العقد
:
زٌادة
التوضٌح
بشأن
إلتزامات
طرفى
العقد
والنص
على
ضرورة
اإللتزام
باإلطار
الرسمى
فى
مواعٌد
محددة
Time Bar
وتقدٌم
اإلرشادات
والتوجٌهات
،العملٌة
على
سبٌل
المثال
:
-
النص
على
نتائج
ملزمة
فى
حالة
عدم
اإللتزام
ومراعاة
األحكام
مثل
البند
14.13
من
الفٌدٌك
األحمر
حالة
عدم
إعتراض
المقاول
على
شهادة
الدفع
النهائٌة
.
----
ٌعتد
بتقدٌرات
المهندس
.
If the Contractor has not submitted a draft final Statement within the time specified under Sub-
Clause 14.11.1 [Draft Final Statement], the Engineer shall request the Contractor to do so.
Thereafter, if the Contractor fails to …………. within a period of 28 days, the Engineer shall issue the
FPC for such an amount as the Engineer fairly considers to be due.
IF:
ii) no Partially Agreed Final Statement ……submitted by the Contractor but, to the extent that a draft
final Statement submitted by the Contractor is deemed by the Engineer to be a Partially Agreed
Final Statement .
“the Engineer shall proceed in accordance with S.CL 14.6 [Issue of IPC] to issue an IPC”.
I
II
III
23. 23
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
33. FIDIC Suit of Contracts Module 1020 R1 2021 33
The Fidic Golden Principles First Edition 2019
Fidic Golden PrinciplesGPs:2019
GP1: The duties, rights, obligations, roles and responsibilities of all the Contract
Participants must be generally as implied in the General Conditions, and appropriate to the
requirements of the project.
GP2: The Particular Conditions must be drafted clearly and unambiguously.
GP3: The Particular Conditions must not change the balance of risk/reward allocation
provided for in the General Conditions.
GP4: All time periods specified in the Contract for Contract Participants to perform their
obligations must be of reasonable duration.
GP5: Unless there is a conflict with the governing law of the Contract, all formal disputes
must be referred to a Dispute Avoidance/Adjudication Board (or a Dispute Adjudication
Board, if applicable) for a provisionally binding decision as a condition precedent to
arbitration. ) Or final and binding).
35. 35
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
Important Changes in the Contract Structure/Clauses:
1. LoL moved from CL 17 to the last sub-clause of Clause 1.
2. Former “Force Majeure” renamed “Exceptional Event” & is dealt with in clause 18.
3. Insurance has been moved to clause 19.
4. Total no. of Clauses 21 instead of 20.
5. Former clause 20 is split in two parts to deal first with claims (new clause 20, also
covering Employer’s Claims).
6. then only with disputes (new clause 21).
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
Important Changes in the Contract Structure/Clauses:
Conflict/Dispute avoidance: FIDIC encourages to reach agreements between Parties.
The role of the Engineer or Employer’s Representative is clarified in order to “act
neutrally between the Parties” on certain issues and “to fairly consider the amount of
interim payment due” )sub-clause 14.6).
FIDIC favors standing Dispute Avoidance/Adjudication Boards (now DAAB instead
of former DAB) under clause 21.
Step-by-step approaches also adopted, reflect this.
The parties will know where they are in the process on the following subjects:
- Claims and determinations (sub-clause 3.7). - Unforeseeable conditions (S.CL 4.12).
- Review of Contractor’s design )sub-clause 5.2). -Advance payment (sub-clause 14.2),
- interim payments (S.CL 14.6) and Final Statement (sub-clause 14.11/14.13).
-Termination by Employer (clause 15) and Contractor (clause 16).
-Employer’s and Contractor’s claims )sub-clause 20.2). - Disputes (sub-clause 21.4)
37. 37
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
Important Changes in the Contract Structure/Clauses:
o 2nd edition added some details for Variation procedure as it is rich source of conflict:
o Employer to show financial arrangements are in place for Variations (S.CL 2.4).
o Mechanism to recover in case instruction not state that it is a variation S.Cl 3.4 /3.5
o Determination does not just apply to claims but also to issues like: variations, payments,
EOTs, day-works etc.
o Contractor’s right to object to an instructed variation (S.CL. 13.1).
o Additional entitlement for changes to permits/permissions/licenses/approvals obtained
for the Works (S.CL.13.6).
38. 38
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
Important Changes in the Contract Structure/Clauses:
Project Management best practices are incorporated:
Regular management meetings (S.CL.3.6/3.8).
Detailed requirements for initial programme and updates (S.CL. 8.3). For example,
the requirement for a supporting report to overcome effects of any delay.
Detailed test programme (S.CL. 9.1) and repeat testing (S.CL. 11.6). ITP
Equal time bar for claims from the Employer and the Contractor (S.CL. 20.2).
Equity.
39. 39
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
Typical Sequence of Principal Events During Contracts for Construction
1. The Time for Completion is to be stated (in the Contract Data) as a number
of days, to which is added any extensions of time under Sub-Clause 8.5.
2. In order to indicate the sequence of events, the following diagram is based
upon the example of the Contractor failing to comply with S.CL. 8.2. time for C.
3. The Defects Notification Period is to be stated (in the Contract Data) as a
number of days, to which is added any extensions under Sub-Clause 11.3.
4. Depending on the type of Works, Tests after Completion may also be
required.
40. 40
FIDIC Suit of Contracts Module 1020 R1 2021
Typical Sequence of Principal Events During
Contracts for Construction
????
41. 41
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
DAAB
1.1.22 “DAAB” or “Dispute Avoidance/Adjudication Board” means the sole
member or three members (as the case may be) so named in the Contract, or
appointed under S.CL. 21.1 Constitution of the DAAB] or S.CL 21.2 [Failure to
Appoint DAAB Member(s)].
1.1.23 “DAAB Agreement” means the agreement signed or deemed to have been
signed by both Parties and the sole member or each of the three members of the
DAAB in accordance with S.CL. 21.1 [Constitution of the DAAB] or S.CL. 21.2
[Failure to Appoint DAAB Member(s)], incorporating by reference the General
Conditions of Dispute Avoidance/Adjudication Agreement contained in the
Appendix to these General Conditions with such amendments as are agreed.
Tripartite
42. 42
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
DAAB
21. DISPUTES AND ARBITRATION. . . . . . . . . . . . . . . . . . . . . . . . 100
21.1 Constitution of the DAAB
21.2 Failure to Appoint DAAB Member(s)
21.3 Avoidance of Disputes
21.4 Obtaining DAAB’s Decision
21.5 Amicable Settlement
21.6 Arbitration
21.7 Failure to Comply with DAAB’s Decision
21.8 No DAAB In Place
43. 43
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
44. 44
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.1 Constitution of the DAAB
1. Disputes shall be decided by a DAAB in accordance with S.CL. 21.4
[Obtaining DAAB’s Decision].
2. The Parties shall jointly appoint member(s) of the DAAB within 28d or/
3. The DAAB shall comprise, as stated in the Contract Data, 1 OR 3.
4. The member(s) shall be selected from named list in CD.
5. If DAAB is 3, each Party shall select one member for agreement of other
Party. Parties shall consult both these members/agree for the chairperson
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.1 Constitution of the DAAB
6. DAAB deemed to be constituted on the date Parties and 3 signed DAAB agreement
7. Remuneration for DAAB & expert mutually agreed by both in the agreement -50%
8. If at any time the Parities may agree/ replace any one or more members of the DAAB.
9. Unless Parties agree otherwise, a replacement if a member declines to act or is unable
to act, death,…, resignation or termination of appointment (appointment same manner) .
10. Termination for any member shall be agreed NOT by ONE Party alone.
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.1 Constitution of the DAAB
11- Unless otherwise agreed, the term of the DAAB (including the appointment of each
member) shall expire either (whichever is later) :
(a) on the date the discharge become, effective under S.CL. 14.12 [Discharge]اٌإلثشاء ; or
(b) 28 d after DAAB decision on all Disputes, referred to it under S.CL. 21.4 [Obtaining
DAAB’s Decision] before such discharge has become effective, whichever is later.
NOTE:
if the Contract is terminated, the term of the DAAB (including member) expire 28 d :
(i) the DAAB has given its decision on all Disputes, referred to it (S.CL.) 21.4 within
224 days after the date of termination; or Term+224 then 28
(ii) the date that the Parties reach a final agreement on all matters (payment) in
connection with the termination All agreed + 28
whichever is earlier.
47. 47
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.2 Failure to Appoint DAAB Member(s)
If any of the following conditions apply, namely:
(a) if DAAB is 1 member, the Parties fail to agree of this member 28d or
(b) if the DAAB is 3, and in 28 d:
(i) either Party fails to select a member (for agreement by the other Party);
(ii) either Party fails to agree a member selected by the other Party;
(iii) the Parties fail to agree the appointment of the third member (chair of DAAB);
ء أعضا وإختٌار ترشٌح
وفض تجنب مجلس
النزاع
48. 48
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.2 Failure to Appoint DAAB Member(s)
(c) the Parties fail to agree the appointment of a replacement within 42d (a member
unable) or termination of appointment; or
(d) if, an appointment (a member) cannot be effected- signature declined by any in14d.
then the appointing entity or official named in the Contract Data shall, at the request of
either or both Parties and after due consultation with both Parties, appoint the
member(s) of the DAAB (who, in case of sub-paragraph (d) (will be final& conclusive).
49. 49
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.2 Failure to Appoint DAAB Member(s)
Thereafter, Parties and the member(s) signed, bound by DAAB Agreement under which:
(i) monthly, daily services fee, shall be as stated in the terms of the appointment; and
(ii) law governing DAAB Agreement is the governing law of the Contract S.CL. 1.4.
Each Party 50% of the remuneration of the appointing entity or official.
If 100% paid by Contractor, Contractor shall recover and so if the Employer/ D-IPC.
include one-half of the amount of such remuneration in
50. 50
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.3 Avoidance of Disputes
-If Parties so agree, they may jointly request DAAB to assist/informally discuss an issue
-If DAAB becomes aware of an issue, it may invite Parties to make such a joint request.
-Such joint request at any time, except during Engineer Determination-3.7 of the matter.
-informal assistance may be during meeting, Site visit. …., both Parties shall be present.
-Parties not bound to act, DAAB not bound in future resolution process(even in writing)
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.4 Obtaining DAAB’s Decision
• If a Dispute arise, either Party may refer Dispute to DAAB for decision as follows:
21.4.1 Reference of a Dispute to the DAAB
(a) if S.CL. 3.7 applied to the matter, be made within 42 d of giving or receiving a NOD
under S.CL. 3.7.5 [Dissatisfaction with Engineer’s determination].
If the Dispute is not referred to the DAAB within this 42 d, such NOD shall
be deemed to have lapsed and no longer be valid;
(b) state that it is given under this Sub-Clause;21.4.1
(c) set out the referring Party’s case relating to the Dispute;
Refer to DAAB
52. 52
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.4.1 Reference of a Dispute to the DAAB
(d) be in writing, with copies to the other Party and the Engineer; and
(e) for a DAAB of three persons, (deemed received when by the chairperson).
The reference of a Dispute to DAAB shall, unless prohibited by law, be deemed to
interrupt the running of any applicable statute of limitation or prescription period.
21.4.2 The Parties’ obligations after the reference
Parties shall promptly make available to DAAB all information, access to Site,.....
Unless the Contract abandoned or terminated, the Parties shall continue to perform.
التقادم فترة أو التقادم توقف
53. 53
FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.4.3 The DAAB’s decision
The DAAB shall complete and give its decision within:
(a) 84 days after receiving the reference; or
(b) such period proposed by the DAAB and agreed by Parties.
DAAB Payments are due and decision may be suspended and to be given ASA
practicable/ payment.
In writing to Parties, a copy Engineer, reasoned, state that it is given under this S.CL.
binding on both Parties, who shall promptly comply with it whether or not a Party
gives a NOD with respect to such decision.
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.4.3 The DAAB’s decision
The DAAB shall complete and give its decision within:
(a) 84 days after receiving the reference; or
(b) such period proposed by the DAAB and agreed by Parties.
DAAB Payments are due and decision may be
suspended & be given ASA practicable/ receiving payment.
In writing to Parties, a copy Engineer,
reasoned, state that it is given under this S.CL.
binding on both Parties, promptly comply with it
Whether/not a Party gives a NOD wrt to such decision.
DAAB Decision
Employer
responsible
for ENG. To
comply
Parties
comply
promptly
Binding not
final
A Party may issue NOD
Pay to the other
party/no notice
/no certificate
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.4.3 The DAAB’s decision
If the decision requires a payment of an amount by one Party to the other Party
(i) as(ii) below, the amount, immediately due &payable without certification/Notice
(ii) the DAAB may (as part of the decision), at the request of a Party (with grounds)
to believe that payee will be unable to repay (if reversed under S.CL. 21.6 ARB.
Then require the payee to provide an appropriate security for such amount.
DAAB proceeding shall not be deemed arbitration && DAAB not act as arbitrator.
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.4.4 Dissatisfaction with DAAB’s decision
If either Party is dissatisfied with the DAAB’s decision:
(a) may give a NOD to the other Party, with a copy to the DAAB & Engineer;
(b) this NOD state it is “Notice of Dissatisfaction with DAAB’s Decision” /reasons.
(c) NOD within 28 days after receiving the DAAB’s decision.
If the DAAB fails to give its decision ( 84 d), then either Party may, within 28 d
give a NOD to the other Party as (a) and (b) above. (84+28= 112d) (conditional
precedence to ARB).
neither Party shall be entitled to commence arbitration of a Dispute unless a NOD in
respect of that Dispute has been given in accordance with this Sub-Clause 21.4.4.
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.4.4 Dissatisfaction with DAAB’s decision
-If no NOD for DAAB decision by either Party 28 d then it becomes final, binding.
-If partially dissatisfied of the DAAB’s decision:
(i) this part(s) shall be clearly identified in the NOD;
(ii) this part(s), other parts of the decision, deemed severable from the decision;
(iii) the remainder of the decision shall become final and binding on both Parties.
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.5 Amicable Settlement
Where a NOD has been given under Sub-Clause 21.4 [Obtaining DAAB’s
Decision], both Parties shall attempt to settle the Dispute amicably before the
commencement of arbitration. However, unless both Parties agree otherwise,
arbitration may be commenced on or after the twenty-eighth (28th) day after the
day on which this NOD was given, even if no attempt at amicable settlement has
been made.
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.6 Arbitration
Unless settled amicably, and subject to S.CL. 3.7.5 [Dissatisfaction with Engineer’s
determination], S.CL. 21.4.4 [Dissatisfaction with DAAB’s decision], S.CL. 21.7
[Failure to Comply with DAAB’s Decision]and Sub-Clause 21.8 [No DAAB In
Place],
any Dispute in respect of which DAAB’s decision (if any) has not become final &
binding shall be settled by international arbitration, unless other agreed by both:
(a) be settled under Rules of Arbitration of International Chamber of Commerce ICC
(b) one or three arbitrators appointed in accordance with these Rules; and
(c) the arbitration shall be conducted in ruling language S.CL. 1.4 [Law and Language].
اٌزجبسح غشفخ إجشاءاد
-
ُ١اٌزحى ِمش
-
ثبٌٕضاع اٌّخزظخ اٌّحىّخ
-
ز١اٌزٕف
.
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FIDIC Suit of Contracts Module 1020 R1 2021
Conditions of Contract for Construction
21.7 Failure to Comply with DAAB’s Decision
-In the event that a Party fails to comply with any DAAB decision, then other Party
may, w prejudice …, refer the failure itself directly to arbitration S.CL. 21.6
-arbitral tribunal shall have the power, to order, award interim or provisional to or
an award enforce that decision and may include award of damages. ؼبف٠
غ٠ٛرؼ
ٌٍّزؼشس
-In the case of a binding, not final decision, such interim award (may be reserved).
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21.8 No DAAB In Place
If a Dispute arises between the Parties in connection with, or arising out of, the
Contract or execution of the Works && no DAAB in place (or no DAAB is being
constituted), whether by reason of expiry of DAAB’s appointment or otherwise:
(a) S.CL 21.4 [Obtaining DAAB’s Decision] and S.CL. 21.5 [Amicable Settlement]
shall not apply; and
(b) the Dispute may be referred by either Party directly to arbitration under Sub-
Clause 21.6 [Arbitration] without prejudice to any other rights the Party may have.
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The Fidic Golden Principles First Edition 2019
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هللا بحمد تم
هللا ورحمة علٌكم السالم
وبركاته