The Short Form of Contract (First Edition, 1999). Agreement, General Conditions, Rules for Adjudication and Notes for Guidance
FIDIC Contracts Guide to the Construction, Plant and Design-Build and EPC/Turnkey Contracts (1st Edition, 2000).
VBI Commentary on the FIDIC Short Form of Contract, 1st Edition 1999. In German.
These Conditions of Contract are recommended for engineering and building work of relatively small capital value. However, depending on the type of work and the circumstances, the Conditions may be suitable for contracts of considerably greater value. They are considered most likely to be suitable for fairly simple or repetitive work or work of short duration without the need for specialist sub-contracts. This form may also be suitable for contracts which include, or wholly comprise, contractor-designed civil engineering, building, mechanical and/or electrical works.
The "Reviewers' Draft" was commented on by the following persons and organisations:
Peter Batty Nael G Bunni, Consulting Engineer, Ireland Hans Enhörning, ABB Asea Brown Boveri Ltd, Switzerland Mark Griffiths, Griffiths & Armour, UK Geoffrey F Hawker, Consulting Engineer and Barrister, UK Adam K Heine, Consulting Engineer, Poland HS Kwong, Secretary for Works, Hong Kong Jan Cees Overbosch/Evert Jan Wijers, DHV Beheer BV, Netherlands Marek Rdultowski, Cosmopoli Consultants, Poland Asian Development Bank European Bank for Reconstruction and Development Inter-American Development Bank International Association of Dredging Companies Inter-Pacific Bar Association Sveriges Verkstadsindustrier (ORGALIME), Sweden World Bank
FIDIC wishes to record its appreciation of the time and effort devoted by all the above.
They are considered most likely to be suitable for fairly simple or repetitive work or work of short duration without the need for specialist sub-contracts. The main aim has been to produce a straightforward flexible document which may be used for all types of engineering work with a variety of administrative arrangements, including all essential commercial provisions. Under the usual arrangements for this type of contract, the Contractor constructs the Works in accordance with design provided by the Employer or by his representative (if any), who is not required to act impartially. However, this form may also be suitable for contracts which include, or wholly comprise, contractor-designed civil engineering, building, mechanical and/or electrical works. In addition, the Employer has a choice of valuation methods. Furthermore, although there is no reference to an impartial Engineer, the Employer may appoint an independent Engineer to act impartially, should he wish to do so. The form is recommended for general use, though modifications may be required in some jurisdictions. FIDIC considers the official and authentic text to be the version in the English language. The intention is that all necessary information should be provided in the Appendix to the Agreement, the latter incorporating the tenderer's offer and its acceptance in one simple document. The General Conditions are expected to cover the majority of contracts. Nevertheless, users will be able to introduce Particular Conditions if they wish, to cater for special cases or circumstances. The General Conditions and the Particular Conditions will together comprise the Conditions governing the rights and obligations of the parties. To assist in the preparation of tender documents using these Conditions, Notes for Guidance are included. These Notes will not become one of the documents forming the Contract. Finally, applicable Rules for Adjudication are also included.
The attention of users is drawn to the FIDIC publication "Tendering Procedure", which presents a systematic approach to the selection of tenderers and the obtaining and evaluation of tenders.
Offer Acceptance Appendix
1. GENERAL PROVISIONS
1.1 Definitions 1.1.1 The Contract 1.1.4 Persons 1.1.7 Dates, Times and Periods 1 1.1.10 Money and Payments 1 1.1.11 Other Definitions 1.2 Interpretation 1.3 Priority of Documents 1.4 Law 1.5 Communications 1.6 Statutory Obligations
2. THE EMPLOYER
2.1 Provision of Site 2.2 Permits et 2.3 Employer's Instructions 2.4 Approvals
3. EMPLOYER'S REPRESENTATIVES
3.1 Authorised Person 3.2 Employer's Representative
4. THE CONTRACTOR
4.1 General Obligations 4.2 Contractor's Representative 4.3 Sub-contracting 4.4 Performance Security
5. DESIGN BY CONTRACTOR
5.1 Contractor's Design 5.2 Responsibility for Design
6. EMPLOYER'S RISKS
6.1 Employer's Risks
7. TIME FOR COMPLETION
7.1 Execution of the Works 7.2 Programme 7.3 Extension of Time 7.4 Late Completion
8.1 Completion 8.2 Taking-Over Notice
9. REMEDYING DEFECTS
9.1 Remedying Defects 9.2 Uncovering and Testing
10. VARIATIONS AND CLAIMS
10.1 Right to Vary 10.2 Valuation of Variations 10.3 Early warning 10.4 Valuation of Claims 10.5 Variation and Claim Procedure
11. CONTRACT PRICE AND PAYMENT
11.1 Valuation of the Works 11.2 Monthly statement 11.3 Interim Payment 11.4 First Half of Retention 11.5 Second Half of Retention 11.6 Final Payment 11.7 Currency
12.1 Default by Contractor 12.2 Default by Employer 12.3 Insolvency 12.4 Payment upon Termination
13. RISK AND RESPONSIBILITY
13.1 Contractor's Care of the Works 13.2 Force Majeure
14.1 Arrangements 10 14.2 Default
13 RESOLUTION OF DISPUTES
15.1 Adjudication 15.2 Notice of Dissatisfaction 15.3 Arbitration
PARTICULAR CONDITIONS RULES FOR ADJUDICATION NOTES FOR GUIDANCE FORMS OF SECURITIES
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