This document provides an introduction and overview of FIDIC Conditions of Contract. It discusses what FIDIC is, the characteristics and application of FIDIC Conditions of Contract, and new developments. Some key points include: FIDIC has compiled construction contract conditions used globally for over 50 years; the 1999 editions include the Red, Yellow, and Silver Books; characteristics include unified terms, wider application, and more specific rights/obligations; new developments include the Gold Book for Design-Build-Operate contracts and improved dispute resolution methods.
The document discusses FIDIC, an international organization for consulting engineers. It was founded in 1913 and now has over 60 member countries. FIDIC is best known for publishing standard contract conditions used around the world for construction projects. The document discusses the new editions of FIDIC's standard contracts, including the Red Book for construction, Yellow Book for plant design/build, and Silver Book for EPC turnkey projects. It provides details on the applicability of each book under different project delivery systems. The document also discusses improvements made in the new editions to address issues like back payments, financial arrangements, and contractor-financed projects.
The document summarizes key information from the UK Adjudicators newsletter regarding security of payment reforms and developments. The newsletter discusses:
1) Hong Kong implementing a pilot program for security of payment provisions on public works contracts, including provisions for payment claims, responses, adjudication of disputes, and mandating similar provisions in subcontracts.
2) Reforms to security of payment legislation in Western Australia that will largely adopt the model used in New South Wales, introducing statutory payment timelines, requiring payment schedules to dispute payment claims, and adjudicating disputed amounts.
3) Key impacts of the changes including greater resources required to dispute payment claims through detailed payment schedules, and restrictions on raising new issues in adjudication
The document discusses claims that may arise under the new FIDIC Conditions of Contract, including procedures for extension of time claims, payment claims, and dispute resolution. It notes that the contractor must provide a notice of claim within 28 days of becoming aware of the issue, and must follow up within 42 days with full supporting particulars. It describes the requirements for particulars, including linking causes of delay to periods of delay and providing factual evidence like correspondence and photographs.
The document provides an overview of changes to FIDIC contracts, specifically the 2017 editions of the Yellow, Silver, and Red Books (the "Rainbow Suite"). Key changes include an increased emphasis on dispute avoidance through enhanced project management procedures and the establishment of standing Dispute Avoidance/Adjudication Boards. The role of the Engineer is revised to act neutrally rather than for the Employer. Additional changes aim to improve processes for extensions of time, variations, payments, and claims handling.
This chapter provides an overview of project finance:
- Project finance has grown significantly over the last 20 years, driven by deregulation, privatization of public sectors, and increased international investment in major projects.
- Project finance involves raising debt and equity financing for new capital projects through a legally independent project company. It is non-recourse or limited recourse, with lenders relying on the project's cash flows rather than balance sheets.
- Key features include high debt-to-equity ratios, ring-fencing of projects, off-take agreements supporting debt repayment, and contracts allocating risks to contractors and suppliers.
This paper was written in 2001 as part of the CEPMLP's LLM in Petroleum Law and Policy program. It examines the main contractual components of a typical BOT arrangement and the terms that should be included to enhance bankability.
Contractual Steps for Smooth Delivery of Infrastructure ProjectsAM Publications
Governments and public entities spend huge public money for purchase of goods, services and construction of works. Therefore, it is vital that procurement system shall not only be efficient but also be transparent, fair & just without compromising the quality of output. Various stakeholders have different interests in influencing the decision-making. This paper elaborates various possible alternative strategies available for procurement. Depending upon environment and various challenges, one can choose the best mode, method & process of procurement. The procurement could be for goods, work, services, consultancy etc. Consultancy contracts are different game altogether, because they have more emphasis on intellectual inputs rather than mere physical outcome. The scope of this paper is limited to works procurement.
The document discusses FIDIC, an international organization for consulting engineers. It was founded in 1913 and now has over 60 member countries. FIDIC is best known for publishing standard contract conditions used around the world for construction projects. The document discusses the new editions of FIDIC's standard contracts, including the Red Book for construction, Yellow Book for plant design/build, and Silver Book for EPC turnkey projects. It provides details on the applicability of each book under different project delivery systems. The document also discusses improvements made in the new editions to address issues like back payments, financial arrangements, and contractor-financed projects.
The document summarizes key information from the UK Adjudicators newsletter regarding security of payment reforms and developments. The newsletter discusses:
1) Hong Kong implementing a pilot program for security of payment provisions on public works contracts, including provisions for payment claims, responses, adjudication of disputes, and mandating similar provisions in subcontracts.
2) Reforms to security of payment legislation in Western Australia that will largely adopt the model used in New South Wales, introducing statutory payment timelines, requiring payment schedules to dispute payment claims, and adjudicating disputed amounts.
3) Key impacts of the changes including greater resources required to dispute payment claims through detailed payment schedules, and restrictions on raising new issues in adjudication
The document discusses claims that may arise under the new FIDIC Conditions of Contract, including procedures for extension of time claims, payment claims, and dispute resolution. It notes that the contractor must provide a notice of claim within 28 days of becoming aware of the issue, and must follow up within 42 days with full supporting particulars. It describes the requirements for particulars, including linking causes of delay to periods of delay and providing factual evidence like correspondence and photographs.
The document provides an overview of changes to FIDIC contracts, specifically the 2017 editions of the Yellow, Silver, and Red Books (the "Rainbow Suite"). Key changes include an increased emphasis on dispute avoidance through enhanced project management procedures and the establishment of standing Dispute Avoidance/Adjudication Boards. The role of the Engineer is revised to act neutrally rather than for the Employer. Additional changes aim to improve processes for extensions of time, variations, payments, and claims handling.
This chapter provides an overview of project finance:
- Project finance has grown significantly over the last 20 years, driven by deregulation, privatization of public sectors, and increased international investment in major projects.
- Project finance involves raising debt and equity financing for new capital projects through a legally independent project company. It is non-recourse or limited recourse, with lenders relying on the project's cash flows rather than balance sheets.
- Key features include high debt-to-equity ratios, ring-fencing of projects, off-take agreements supporting debt repayment, and contracts allocating risks to contractors and suppliers.
This paper was written in 2001 as part of the CEPMLP's LLM in Petroleum Law and Policy program. It examines the main contractual components of a typical BOT arrangement and the terms that should be included to enhance bankability.
Contractual Steps for Smooth Delivery of Infrastructure ProjectsAM Publications
Governments and public entities spend huge public money for purchase of goods, services and construction of works. Therefore, it is vital that procurement system shall not only be efficient but also be transparent, fair & just without compromising the quality of output. Various stakeholders have different interests in influencing the decision-making. This paper elaborates various possible alternative strategies available for procurement. Depending upon environment and various challenges, one can choose the best mode, method & process of procurement. The procurement could be for goods, work, services, consultancy etc. Consultancy contracts are different game altogether, because they have more emphasis on intellectual inputs rather than mere physical outcome. The scope of this paper is limited to works procurement.
UK Adjudicators are the largest multi-disciplinary adjudicator nominating panel in the United Kingdom.
We offer free adjudicator nominations and also a capped fee scheme
The document discusses a presentation on contract management under the FIDIC Red Book 1999. The presentation will cover topics such as the role of the engineer, variations, claims, notices and time bars, managing claims, delay and disruption, acceleration, effective presentation of claims, negotiation and settlement of claims, and dispute resolution. It will take place on March 26, 2019 and be given by Stephen Osuhor of Driver Trett, a global construction consultancy firm.
This document provides a group assignment analyzing the appropriate form of FIDIC contract for a construction project. It recommends using the FIDIC Red Book based on the client's requirements, including having full control of design and ability to make changes. Payment will be based on bills of quantities. The Red Book best fits the traditional procurement method preferred by the client and covers conditions regarding payment, contractual programming, termination, and dispute resolution relevant for the project.
This document discusses various standard construction contract forms used internationally and in the UK/Europe. It provides an overview of the major contract forms published by FIDIC, ICE, IEE, IChemE, JCT and NEC, outlining the types of projects each is intended for. For each organization, it lists the available contract documents and provides a brief 1-3 sentence summary of selected contracts.
The document summarizes contracting practices in Ethiopia, including administrative contracts and standard conditions of contract. It discusses the Law of Administrative Contract, MoWUD Conditions of Contract, and PPA Conditions of Contract. It explains key features of administrative contracts under Ethiopian civil law, including imbalance favoring the public authority. It also provides details on the MoWUD and PPA standard conditions of contract documents.
The document discusses FIDIC's adoption of six standard construction contracts by the World Bank for projects it finances over five years. It also describes the launch of FIDIC's new "Emerald Book" for underground construction works developed jointly with ITA-AITES. Key features of the Emerald Book include assigning risks for unforeseen subsurface conditions to the employer, defining a geotechnical baseline report to allocate known and unknown risks, and provisions for adjusting time for completion and costs depending on actual site conditions encountered.
Legal and regulatory aspect of project financeGagan Varshney
This document discusses the legal and regulatory aspects of project finance. It begins by explaining that every project finance is subject to some laws and regulations to allow for unanimous decisions, proper planning, timely actions, and clear allocation of duties. Section 2 notes that current trends involve strengthening project finance rules to bring certainty, clarity, and allow for quick decisions. Section 3 outlines the typical project configuration including a special purpose vehicle and key project parties such as sponsors, contractors, lenders, and government. It also describes some fundamental provisions of key contracts like shareholder agreements, EPC contracts, and O&M contracts. Section 4 predicts that future trends will involve new technologies affecting laws and regulations, requiring rules for financing new project completion techniques involving both human
M32089 Construction Contracts And Dispute Resolution.docxstirlingvwriters
This document discusses construction law, contracts, and dispute resolution. It covers several topics:
- Construction disputes typically arise due to breaches of contract requirements or miscommunications between parties.
- UK legislation like the Housing Grants, Construction and Regeneration Act of 1996 and Construction Act of 1996 establish adjudication procedures for resolving disputes and regulate health and safety of construction workers.
- The Health and Safety at Work Act of 1974 and Construction (Design and Management) Regulations of 2015 aim to protect worker health and safety and manage risks during construction projects.
The document provides an overview of contractual obligations and reporting requirements for projects funded by the ENPI CBC Mediterranean Sea Basin Programme 2007-2013. It discusses the key elements that must be included in interim and final reports, including a narrative of activities and financial reports. Projects must submit a six-month monitoring report if an interim report is not ready. The presentation emphasizes complying with all legal and contractual terms to ensure project success.
This document provides a presentation on design and build contracts under FIDIC contracts. It discusses what FIDIC is, its origins and vision. It then discusses design and build procurement, highlighting advantages like price certainty and single point responsibility, as well as disadvantages like reduced employer control. It outlines the roles of different parties in traditional vs design and build arrangements. It also summarizes key clauses and details in FIDIC's Orange Book and Yellow Book for design and build and turnkey contracts. Sample questions and answers are provided to illustrate how situations would be addressed under the FIDIC contracts.
Seb Oram - The 2015 CDM Regulations - changes and impact on litigationSeb Oram
The document summarizes changes to the Construction (Design and Management) Regulations 2015 (CDM 2015) in the UK, which replaced the 2007 regulations. Key changes include: (1) removing the role of the CDM coordinator and distributing responsibilities to the principal designer and contractor; (2) extending client duties to domestic clients; and (3) reducing the importance of distinguishing between "notifiable" and non-notifiable projects. The new regulations shift focus from prescriptive roles to more general duties of clients, designers, and contractors. They are likely to affect construction litigation by influencing the standard of care and contractual obligations.
This newsletter discusses statutory adjudication and how it can benefit the construction industry in Hong Kong. It provides an overview of current alternative dispute resolution methods like mediation and arbitration and their limitations in resolving payment disputes quickly. Statutory adjudication addresses this gap by providing a fast-track dispute process that delivers a temporary binding decision within a strict timetable of around 4 months. It also gives the unpaid party the right to suspend work if the adjudicated payment is not made, as well as prohibiting "pay-when-paid" clauses that can delay payments down the supply chain. While some question how just the short adjudication timetable is, overall it aims to ease cash flow problems in the industry through prompt resolution of payment disputes.
This document provides an overview of FIDIC contracts and manuals. It discusses:
- The main parties in a FIDIC contract: Contracting Authority/Employer, Contractor, and Engineer
- The different FIDIC manuals including the Red, Yellow, Silver, Green, and Pink books for different types of construction and engineering projects
- Key characteristics and uses of the Red and Yellow books for employer-designed and design-build projects respectively
- How FIDIC contracts allocate risks between the employer and contractor depending on the project scope and manual used
This document provides guidance and contract templates for FIDIC's Conditions of Contract for Plant and Design-Build projects, including:
1) An acknowledgements section thanking those involved in updating the contract templates.
2) Errata notes correcting errors in the first edition of the Plant and Design-Build contract.
3) A foreword introducing the different FIDIC standard form contracts and outlining the structure and purpose of the Plant and Design-Build contract.
4) Charts illustrating the typical sequence of principal events and payment events under the contract.
Risk Mitigation In Construction ContractsIRJET Journal
This document discusses risks in construction contracts. It begins by defining what a construction contract is, noting that it is a legal agreement that governs a construction project and aims to allocate and mitigate risks between parties. It then describes the key parties that are typically involved in a construction contract - the employer/owner, contractor, subcontractors, tenderer, and agent. The document outlines some of the major risks that construction contracts aim to address, such as land acquisition risks for the owner, cost overruns and delays for contractors, and payment risks for subcontractors. Overall, the document provides background on construction contracts and highlights how they are used to allocate risks between parties involved in construction projects.
This document discusses standard forms of contract used in Malaysia. It describes how standard forms provide a basic legal framework that outlines the rights, obligations, and duties of parties to a contract. It then discusses some examples of standard forms commonly used in the public sector, private sector, and internationally. These include forms from the Public Works Department, Construction Industry Development Board, Pertubuhan Arkitek Malaysia, Institution of Engineers Malaysia, and FIDIC, JCT, ICE, and IEE forms. The document also provides details on some specific standard contract forms and their intended uses.
This document provides an analysis and recommendation of a suitable form of contract for a proposed postgraduate student accommodation and outreach centre project in Malaysia. It summarizes key details of the project, discusses general principles of construction contracts, and analyzes the FIDIC Yellow Book 1999 as a recommended form of contract for the project. Specifically, it highlights that the FIDIC Yellow Book 1999 supports a design-build procurement approach, outlines key features like single point responsibility, provisions for contract administration, and an emphasis on fair risk sharing between parties.
This document outlines the details of a group assignment for a construction law course. It includes the group member names and student IDs, submission date, table of contents, and introduction. The group was appointed by a client to propose a standard form of construction contract and provide advice on pre-contract and post-contract issues for a proposed university accommodation and recreation center project costing RM500 million. The report will analyze and compare the PAM 2006 and FIDIC forms of contract and make recommendations on key contractual issues such as payment, extensions of time, variations, programs, termination and dispute resolution.
There are several types of construction contracts:
1. Separated contracts involve separate entities for design and construction, resulting in delays. Lump-sum and measurement contracts fall under this category.
2. Integrated contracts assign design and construction responsibilities to a single entity to streamline the process. Design-build, turnkey, and build-operate-transfer contracts integrate the roles.
3. Management contracts appoint a single contractor to plan, manage, and coordinate subcontractors for design and construction. Construction management contracts focus on coordination. Design-build-manage contracts assign all three roles.
4. Discretionary contracts like partnering and joint ventures involve collaboration between client and contractor or between multiple contractors to share
Comparative analysis between traditional aquaponics and reconstructed aquapon...bijceesjournal
The aquaponic system of planting is a method that does not require soil usage. It is a method that only needs water, fish, lava rocks (a substitute for soil), and plants. Aquaponic systems are sustainable and environmentally friendly. Its use not only helps to plant in small spaces but also helps reduce artificial chemical use and minimizes excess water use, as aquaponics consumes 90% less water than soil-based gardening. The study applied a descriptive and experimental design to assess and compare conventional and reconstructed aquaponic methods for reproducing tomatoes. The researchers created an observation checklist to determine the significant factors of the study. The study aims to determine the significant difference between traditional aquaponics and reconstructed aquaponics systems propagating tomatoes in terms of height, weight, girth, and number of fruits. The reconstructed aquaponics system’s higher growth yield results in a much more nourished crop than the traditional aquaponics system. It is superior in its number of fruits, height, weight, and girth measurement. Moreover, the reconstructed aquaponics system is proven to eliminate all the hindrances present in the traditional aquaponics system, which are overcrowding of fish, algae growth, pest problems, contaminated water, and dead fish.
Using recycled concrete aggregates (RCA) for pavements is crucial to achieving sustainability. Implementing RCA for new pavement can minimize carbon footprint, conserve natural resources, reduce harmful emissions, and lower life cycle costs. Compared to natural aggregate (NA), RCA pavement has fewer comprehensive studies and sustainability assessments.
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This document discusses construction law, contracts, and dispute resolution. It covers several topics:
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- UK legislation like the Housing Grants, Construction and Regeneration Act of 1996 and Construction Act of 1996 establish adjudication procedures for resolving disputes and regulate health and safety of construction workers.
- The Health and Safety at Work Act of 1974 and Construction (Design and Management) Regulations of 2015 aim to protect worker health and safety and manage risks during construction projects.
The document provides an overview of contractual obligations and reporting requirements for projects funded by the ENPI CBC Mediterranean Sea Basin Programme 2007-2013. It discusses the key elements that must be included in interim and final reports, including a narrative of activities and financial reports. Projects must submit a six-month monitoring report if an interim report is not ready. The presentation emphasizes complying with all legal and contractual terms to ensure project success.
This document provides a presentation on design and build contracts under FIDIC contracts. It discusses what FIDIC is, its origins and vision. It then discusses design and build procurement, highlighting advantages like price certainty and single point responsibility, as well as disadvantages like reduced employer control. It outlines the roles of different parties in traditional vs design and build arrangements. It also summarizes key clauses and details in FIDIC's Orange Book and Yellow Book for design and build and turnkey contracts. Sample questions and answers are provided to illustrate how situations would be addressed under the FIDIC contracts.
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- The different FIDIC manuals including the Red, Yellow, Silver, Green, and Pink books for different types of construction and engineering projects
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This document provides guidance and contract templates for FIDIC's Conditions of Contract for Plant and Design-Build projects, including:
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2) Errata notes correcting errors in the first edition of the Plant and Design-Build contract.
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Time Division Multiplexing (TDM) is a method of transmitting multiple signals over a single communication channel by dividing the signal into many segments, each having a very short duration of time. These time slots are then allocated to different data streams, allowing multiple signals to share the same transmission medium efficiently. TDM is widely used in telecommunications and data communication systems.
### How TDM Works
1. **Time Slots Allocation**: The core principle of TDM is to assign distinct time slots to each signal. During each time slot, the respective signal is transmitted, and then the process repeats cyclically. For example, if there are four signals to be transmitted, the TDM cycle will divide time into four slots, each assigned to one signal.
2. **Synchronization**: Synchronization is crucial in TDM systems to ensure that the signals are correctly aligned with their respective time slots. Both the transmitter and receiver must be synchronized to avoid any overlap or loss of data. This synchronization is typically maintained by a clock signal that ensures time slots are accurately aligned.
3. **Frame Structure**: TDM data is organized into frames, where each frame consists of a set of time slots. Each frame is repeated at regular intervals, ensuring continuous transmission of data streams. The frame structure helps in managing the data streams and maintaining the synchronization between the transmitter and receiver.
4. **Multiplexer and Demultiplexer**: At the transmitting end, a multiplexer combines multiple input signals into a single composite signal by assigning each signal to a specific time slot. At the receiving end, a demultiplexer separates the composite signal back into individual signals based on their respective time slots.
### Types of TDM
1. **Synchronous TDM**: In synchronous TDM, time slots are pre-assigned to each signal, regardless of whether the signal has data to transmit or not. This can lead to inefficiencies if some time slots remain empty due to the absence of data.
2. **Asynchronous TDM (or Statistical TDM)**: Asynchronous TDM addresses the inefficiencies of synchronous TDM by allocating time slots dynamically based on the presence of data. Time slots are assigned only when there is data to transmit, which optimizes the use of the communication channel.
### Applications of TDM
- **Telecommunications**: TDM is extensively used in telecommunication systems, such as in T1 and E1 lines, where multiple telephone calls are transmitted over a single line by assigning each call to a specific time slot.
- **Digital Audio and Video Broadcasting**: TDM is used in broadcasting systems to transmit multiple audio or video streams over a single channel, ensuring efficient use of bandwidth.
- **Computer Networks**: TDM is used in network protocols and systems to manage the transmission of data from multiple sources over a single network medium.
### Advantages of TDM
- **Efficient Use of Bandwidth**: TDM all
4. OUTLINE
1. What is FIDIC?
2. Characteristics of FIDIC Conditions of
Contract
3. Application Prospect of FIDIC
Conditions of Contract
4. New development of FIDIC Conditions of
contract
5. What is FIDIC?
Management is a kind of science which needs
continuous summarizing, to experience development
and innovations through practice.
In the contract for international engineering projects,
the function of Conditions of Contract is of greatest
importance providing the rights, obligation and
responsibility for the parties concerned in the
Contract execution.
6. During the past half century, the International
Federation of Consulting Engineers (FIDIC) has
devoted itself to the compilation of management
documents for all kinds of projects, among which
the FIDIC Conditions of Contract are of the
highest influence and are the most popular
application.
7. The first edition of FIDIC Conditions of Contract
for Works of Civil Engineering Construction (use
“Red Book” in the following) was compiled in 1957,
and later its second, third, and fourth edition were
issued in 1963, 1977, and 1987 respectively.
8. But these editions were mostly compiled in the
reference of the related documents of the
Institution of Civil Engineers (ICE). The FIDIC
and European International Contractors (EIC)
entrusted the University of Reading in 1966 to
summarize the experience and to draw lessons
from the application of the former documents.
9. With the investigation of the governments,
employers, contractors and consulting engineers
all over the world about their application of the
“Red Book”, 204 findings reports were returned.
According to the findings, the FIDIC Contract
Committee organized a group of experts to
compile the new Contract Condition models to be
applied in the 21stcentury.
10. The test edition of these models was published in
1998, and FIDIC solicited opinions throughout
the world for additional time to publish the
official texts in 1999.
Now FIDIC condition of contract has been
applied worldwide, especially in the projects
invested by World Bank, Asia Development Bank,
Africa Development Bank etc.
11. The new models include :
FIDIC Conditions of Contract for Construction, the (New Red Book)
FIDIC Conditions of Contract for Plant and Design/Build, the
(New Yellow Book)
FIDIC Conditions of Contract for EPC Turnkey Projects, the
(Silver Book)
FIDIC Short Form of Contract, the (Green Book)
FIDIC Conditions of Contract (new edition) raised a
higher requirement to the Parties concerned in the area
of contract management
12.
13. 2. Characteristics of FIDIC
Conditions of Contract
Unification of Terms and Clause
The new edition was drafted as the “New Red Book”, the “New
Yellow Book” and the “Silver Book” by a workgroup under the
leadership of the FIDIC Contract Committee. The contract form
was not influenced by the former ICE framework, which was
included in all 20 clauses. So if the clauses content could be
unified, it would be under the same titles and expressions. In
these three books, more than 80% of the content was consistent,
and 85% of the definitions and expressions were the same. It is
of great help for the users to understand them completely, saving
study time.
14. Wider Application
When these new Conditions of Contract were drafted, FIDIC
tried its best so the Conditions could be applied under not only
the Customary Law (i.e. Anglo-American Law System), but also
Civil Law. To pursue this, the contract working group had an
attorney present to review the clauses, so that they could be
applied under the two laws noted above. The new edition also
shows more flexibility and adaptability. For example, in the old
edition, the conditional performance guarantee was necessary,
which the World Bank had different opinions of. While in the
new edition, the guarantee forms were set by Particular
Conditions which can be applied giving the employers better
flexibility.
15. Applicability under Various Project Delivery and
Contracting System
1. The “New Red Book” can be used in any kind of Engineering
Construction Contract.
2. The “New Yellow Book” applies to the lump sum contract project
where the Contractor takes participation in the design work.
3. The “Silver Book” applies to the turnkey projects of
infrastructures or large-scale factories, where the Contractor
takes on more work and risk while the Employer’s participation
is small (private financing or government financing), but it is
strictly defined upon the investment and construction period.
4. The “Green Book” can be used in all kinds of small-scale projects.
5. Altogether, these four Contract Conditions can be applied to
nearly every kind of project, expect for that of managing
contracting or simply consulting or designing
16. High-quality Provisions and Logical Clause
Sequencing
Compared with the original “Red Book”, the “New Red Book” has
163 clauses, nearly 40% being freshly compiled. An additional
40% were modified and given supplements. Only 20% were kept
intact. The old edition adopted ICE’s disorderly style bit in the
clause sequence, while in the new edition, the related sub-clauses
are put into one clause when possible, and convenient to the
users.
17. More Specific Provisions concerning the Rights
and Obligations of the Contract Parties
Taking the clause of Employer’s default as an example, we can
see that in contrast to the “Red Book”,” three points are added
into the “New Red Book”: two of them are concerned with
payment. The above shows the strict requirements for the
Employer. However, the Contractor shall institute a quality
assurance system and submit to the Engineer to audit any aspect
of the system before execution. Monthly progress reports shall be
prepared by the Contractor to submit to the Engineer every
month, otherwise, the payment won’t be given. Any kind of bribe
can result in Contractor’s default. All of the above are high
requirements for the Contractor.
18. Changes in the Preparing Style
General Conditions in the former edition were fairly concise;
some recommendable clauses were given Particular Conditions.
While in the new edition, there is a way around the regulations
being that the General Conditions are relatively comprehensive
and detailed. An example would be advanced payment and
adjustment formula. The new edition writers believe that it is
more convenient for the users to delete the clauses they do not
need than to write them in the “Particular Conditions” by
themselves.
19. Concise Language
The language and sentence structures in the new edition are
rather easy to understand, and a great help to the people whose
native language is not English.
20. 3. Application Prospect of FIDIC
Conditions of Contract
The traditional project management mode, which is
universal in the world, has been applied in most of the
engineering project management cases in the world.
The new edition has many advanced ideas and
regulations such as standardizing of the Contract
words and expressions, clearer and stricter claim
procedure, and emphasis on the protection of
intellectual property rights
21. To Solve the Problem of Back Payment using
World Wide Experience for Reference
It is reported that the back payment and debt between the
engineering units in China have added up to 280 billion (RMB),
which is mostly Employer’s (government included) default to
the Contractor. The problem has greatly influenced the
construction corporations that their economic strength were
weakened. The market needs a legal system to provide a
guarantee for free and fair competition.
22. Since the problems of the Employer’s financial vacancy
or Contractor financing are originating worldwide, the
relative clauses and regulations are added into FIDIC
Conditions of Contract.
1. Employer’s financial arrangement. The Employer shall submit
within 28 days after receiving any request from the Contractor
reasonable evidence that financial arrangement has been made. If
the Employer intends to make any material change to his financial
arrangement, he shall give notice to the Contractor with detailed
particulars.
23. 1. If the Employer fails to execute in accordance with this clause,
the Contractor may, after giving a 21 days’ notice to the
Employer, suspend the work or reduce production output as a
kind of warning; if the Contractor does not receive any
reasonable financial arrangement certificate within 42 days
after giving the warning, he shall be entitled to terminate the
Contract, for it is the Employer’s default. Also the Contractor
can get all the compensation earned on the condition of
Employer’s default.
24. 2. It is defined in the clause of payment how to handle the
problem when the Employer has the payment delayed. If
the Contractor does not receive payment (in accordance
with the Interim Payment Certificate) within 56 days after
submitting monthly statement to the Engineer at the
beginning of the month, the Contractor shall be entitled to
receive interest compounded monthly on the amount
unpaid during the period of delay. These financing changes
shall be calculated at the annual rate of 3 percentage points
above the discount rate of central bank in the country of
the currency of payment. If the Contractor does not receive
payment with in 42 days after the expiry of the above 56
days, he shall be entitled to terminate the Contract.
25. 3. Contractor Financed Project’s execution. It is specially set up in
the Particular Conditions an Example Provisions for Contractor
Finance, which defines that if it is Contractor financing and he
has committed to the project, the Employer shall deliver a bank
payment guarantee to the Contractor within 28 days after both
parties have entered into the Contract Agreement. If the
Contractor does not receive the guarantee, the Engineer shall
not issue the notice to commence. It is defined in the guarantee
that if the Employer fails to make payment in full by the date 14
days after the expiry of the period specified in the contract as
that within which such payment should have been made, the
Contractor shall been entitled to demand for payment from the
bank with a certificate, Contractor’s signatures which must be
authenticated by his bankers or by a notary public.
26. To Carry out the General Contracting Mode of
Design/Build and EPC Turnkey Enthusiastically
FIDIC makes out the “New Yellow Book” and
“Silver Book” independently in addition to
meet the development tendency of
international project management mode.
27. According to the statistics and forecast of the American
Design/Build Institution, the market share’s change
tendency of American main engineering construction
mode during 1985 to 2015 is shown in the Tab. 1.
28. To Make Clear the Position of the Construction
Supervising Engineer, Raise Their Working
Responsibility, and Open up New Regions of Work
In the “New Red Book”, it needs the Engineer to be timelier, and
more explicit in solving the problems than before. It pays more
respect to the position and the authority of the Engineer, such as,
without the consent of the Contractor, the Employer shall not be
entitled to exchange the Engineer or impose further restriction on
the Engineer’s authority which has been specified in the contract.
29. Engineer’s authority includes:
Making it clear that the Engineer belongs to “Employer’s
Personnel”, while there is no stress that he is an independent
party.
When the Engineer makes a decision, there will be no more
stress on impartiality, but he is still required to be fair.
If the Contractor and Employer have a heated dispute, there
will be no need for the Engineer to mediate before either party
applies for arbitration. So the Dispute Adjudication Board
(DAB) has been set up to solve the problem
30. The mode of Engineer’s supervising is also applied in the “New
Yellow Book”, while the responsibilities of Engineer are the same
on the whole with what is said in the “New Red Book”, that is,
the Engineer should manage not only the construction, but in
designing, including reviewing and approving the qualification of
the designer and sub-designer, Contractor’s design documents,
participating in the discussion of the design, and instructing the
Contractor to prepare further Documents. But any Engineer’s
review, approval, or consent of the Contractor’s documents shall
not relieve the Contractor from any obligation or responsibility.
31. To Prepare the MODEL of Short Form Contract
Many small scale and large scale projects can use simple
techniques such as in residential areas, also need a contract. So
we shall compile a short form of contract in reference to FIDIC
“Green Book”. It is necessary to be fairly flexible in the mode and
requirements of management.
32. To Improve the Mediation Methods for Dispute
The new edition takes the experience of USA and World Bank in
solving the construction dispute, which results in DAB to
mediate the dispute. The most outstanding merit of DAB is that
it is composed of three experts who are chosen, approved and
paid for by both parties.
These experts go to site to solve the dispute occurring between
the two parties after commencing construction work. While in
the FIDIC “Red Book”, the Engineer is required to mediate the
problem which he can not handle. It is hard to be impartial
because the Engineer is the Employer’s employee, so very often
the contradiction will still be unsolved after a long time.
33. New development of FIDIC conditions of contract
--Design-Build Operate Contract
It was published on
September 2007,
Gold Book
34. New DBO document for long-term contract
Background
The DBO approach to contracting combines design,
construction, and long-term operation (and maintenance) of
a facility into one single contract awarded to a single
contractor (who will usually be a joint venture or consortium
representing all the disciplines and skills called for in a DBO
arrangement. Public private partnerships, PPPs, are this
arrangement).
35. DBO’s advantages
Time: With possibilities to overlap some design and build
activities it will be possible to minimize delays and optimize
the smooth flow of construction activities.
Financial: With cost restraints and commitments and other
risks being carried by the Contractor, there is less risk of
price over-runs.
Quality: With the Contractor responsible for 20 years
operation, he has an interest to design and build quality plant
with low operation and maintenance costs. Not only will the
plant be ‘fit for purpose’ but it will be built to last.
36. Basically the success of a true DBO contract depends on the
commitment of the Contractor to the complete project - and
the best way to do that is to cover the whole design-build and
the operation elements in a single contract. That is why
FIDIC chose a single long term Performance Security with a
substantial reduction in value on completion of the design-
build – but with an on-going commitment by the Contract to
perform and complete the operation service.
37. The format of a DBO arrangement can be based on either a
‘green field’ scenario (D-B-O), or on a ‘brown field’ scenario
(O-D-B). Either is quite common, however the contractual
requirements and procedures are quite different.
FIDIC has chosen to produce a document based on the DBO
green field scenario, with a Guide (which will be published in
2008) containing guidelines on the changes necessary to
cover a brown field arrangement, in which FIDIC Yellow
Book for the DB is the basement.
38. The other important factor considered in DBO document is
the length of the operation period, since the conditions
suitable for long-term operation are not necessarily suitable
for a short-term operation. From the experience of the DBO
members it was decided that the most useful period to
consider was 20 years operation – again giving guidelines in
the Guide if a shorter period would be required
39. Risk control in DBO contract
DBO can be viewed as a complete method in PPPs. This method
is a long-term process including procurement, construction,
operation, and transfer, in which high risk should be pay the
most attention to.
About PPPs: A wide spectrum of options is available for the
delivery of public infrastructure and services, ranging from
direct provision by the government to outright privatization,
with increasing responsibilities, risks, commitment, and rewards
transferred from the government to the private sector.
40. For example, supply and service contracts usually have a short
duration. In such contracts, the private contractor performs
specified tasks (e.g., material/ equipment supplies, works
construction and facilities maintenance) whereas it is not
directly responsible for providing related services. In a lease-
and-operate contract, the private contractor operates and
maintains the facilities at its own risk against the payment of a
lease fee. In a build-operate-transfer (BOT) project, the private
contractor is also responsible for building and financing the
project and it has to transfer project facilities in operational
conditions and free of costs to the government at the end of the
concession term. In divestiture, the ownership of existing assets
and the responsibility for future expansion and upkeep are
transferred to the private contractor, in addition to financing and
carrying out the investments required to meet the obligations
specified in the contract and/or a general regulatory framework.
41. Successful PPPs
Best Value for Money
Needs for PPPs
The problem of
public sector budget
restraint
Non recourse or limited
recourse public funding
public money tied
up in capital investment
High public service costs
More infrastructure
facility need from society
Procurement
Improving procurement process
Standardization of tender
documents and contract
Maintaining competitive
environment for best offer
Strong private consortium
Appropriate risk
allocation and
risk sharing
Available
financial market
Commitment/responsibility
of public/private sectors
Thorough and realistic
cost/benefit assessment
Well-organized public agency
Favorable legal framework and
transparency in the procurement
Political support
Design and building
Innovative design,
reengineering, avoiding
over specification, and use
of new material and technique
Identification and classification
of skills needed
Sound economic policy
Multi-benefit objectives
operation
Transfer management
Post-transfer
Appropriate
PPP schemes
Contract
management
Payment
management
Cost
management
Technology
transfer
Tariff/toll, price
adjustment mechanism
Facility management
Environment
friendly
Payment
management
Contract
management
Cost
management
Training of new
employees
Provisions for selling
project facilities to the
concessionaire or further
extension on concession
Transfer price
Standards of
project facilities
upon transfer
Intellectual
property rights
Facility
management
Project
renew
Project
renew
The whole process of a PPP (DBO) project and key issues are should in
following figure.
42. Lots of risks have been identified as followed:
It comes from L. Bing et al. (2005) The allocation of risk in PPP/PFI construction projects in the UK,
International Journal of Project Management, 23: 25–35.
43.
44. Therefore, a new DBO contract should handle
these risks to pursue the successful projects.
FIDIC has designed new clause to deal the risks
in DBO contract:
Restructured Clauses 17 – 19 (Clause 17: Risk Allocation, Clause
18: Exceptional Risks, Clause 19: Insurance)
Identified the Risks to be carried by each Party
Differentiated between Risks during the Design-Build Period
and Operation Service Period
Classified the Risks into Commercial Risks and Risks of Damage
Taken away the term Force Majeure
46. The new DBO document format
The format of the new document follows the traditional format
and layout of previous FIDIC documents, with 20 clauses, and,
where appropriate, using the same terminology and definitions
which are found in the other documents.
The document will have General Conditions, Particular
Conditions, flow charts and sample forms – just like the other
FIDIC documents, and a Guide which will include, amongst
other things, guidelines on how to change the clauses if it is
required to have a document for a ‘brown field’ situation, or an
operation period significantly different to the previous method
adopted in other FIDIC contract.