FIDIC Contracts Guide to the Construction, Plant and Design-Build and EPC/Turnkey Contracts (1st Edition, 2000).
Conditions of Contract for Construction (First Ed. 1999). For Building and Engineering Works designed by the Employer. General conditions; Guidance for Preparation of Particular Conditions; Forms of Tender, etc.
Conditions of Contract for Plant & Design-Build (First Ed, 1999). For Electrical & Mech. Plant & For Building & Engineering Works Designed by the Contractor. Gen. Conds; Guidance for Preparation of Conds of Part. Application; Forms of Tender.
Conditions of Contract for EPC Turnkey Projects (First Edition, 1999) in PDF. General Conditions; Guidance for Particular Application; Forms of Tender and Agreement, etc. Electronic version in encrypted PDF.
The Short Form of Contract (First Edition, 1999). Agreement, General Conditions, Rules for Adjudication and Notes for Guidance.
About the Principal Drafter Peter L Booen FICE FCIArb is a civil engineer who started his career with a contractor (1965-72) before joining Sir Alexander Gibb & Partners (later GIBB Ltd) consulting engineers, UK. He has written and administered many engineering and construction contracts, both nationally and internationally, including those involving financial institutions. He has acted as adjudicator, conciliator, expert witness, and on dispute boards. He has been actively involved in FIDIC since 1993, as principal drafter of the Orange Book and its Guide, and the three major 1999 Books (Construction, Plant and Design-Build and EPC/Turnkey). He is a member of FIDIC's Contracts Committee and Chair of FIDIC's Assessment Panel for Adjudicators.
The Contracts Committee, and FIDIC, would like to especially acknowledge the extraordinary effort of Peter L Booen, the Principal Drafter of the Guide, as well as being the Principal Drafter of the 1995 Conditions of Contract for Design-Build and Turnkey (informally titled "The Orange Book"), the "Orange Book Guide", and the three "major New Books" of 1999, Conditions of Contract for Construction, Conditions of Contract for Plant and Design-Build and Conditions of Contract for EPC/Turnkey Projects. The prodigious effort offered by Peter Booen to FIDIC, and to the the Consulting Engineering Industry, by these principal draftsman tasks, is impossible to evaluate, but is extremely high Peter shares, with his colleagues on the Task Groups and Contracts Committee, the gratitude of FIDIC, for these Task Group effortsMembers of the above Contracts Committee and Advisers, however, wish to acknowledge the nearly "single handed" effort of Peter Booen in drafting this FIDIC Contracts Guide, which was reviewed and commented upon by them all.
This Guide was written by Peter L Booen and reviewed by the Contracts Committee which now comprises Michael Mortimer-Hawkins (Chairman), Christopher Wade, Axel-Volkmar Jaeger and Peter L Booen; together with John B Bowcock as Special Adviser and Christopher R Seppala as Legal Adviser. The commentary on Clause 18 was also reviewed by Mark Griffiths, Griffiths & Armour, UK.
FIDIC wishes to record its appreciation of the time and effort devoted by all the above.
Each of the three Books is in three parts:
In this Guide, the texts in the Books are reproduced in a three-column layout. The texts should be identical to the corresponding texts in the Books, but the reader should refer to the Books in order to determine the necessary authentic wording in case of any discrepancy.
For the convenience of those who are familiar with the General Conditions of Contract contained in FIDIC's previous publications, the reference numbers of their sub-clauses which cover similar subject-matter are included within an insert box after these three-column texts reproduced from the Books, the sub-clause reference numbers being related to:
Although this Guide may include useful material for the training of personnel in procurement, it is not intended to provide complete training material for the expertise required for the preparation of tender documents. The comments in this Guide are intended to assist users of the Books who have such expertise, such users being those who write or administer building and/or engineering contracts.
The comments in this Guide are not exhaustive and are only intended to provide general guidance. They should not be relied upon in a specific issue or situation. Expert legal advice should be obtained whenever appropriate, and particularly before entering into or terminating a contract. Neither FIDIC nor the persons named in this Guide accept any responsibility or liability arising from any use of this Guide or of any other publication named herein.
FIDIC receives requests from time to time to assist in the interpretation of individual contracts which are based upon conditions of contract incorporating FIDIC publications. However, as the international federation of consulting engineers, FIDIC cannot undertake to give legal advice. For this reason, and because the legal interpretation of a contract will depend upon such matters as the precise wording of the various documents comprising the particular contract, as well as upon the governing law, FIDIC cannot assist in the interpretation of individual contracts.
Introduction to the Use of FIDIC's Conditions of Contract
Example Forms for the Letter of Invitation and Instructions to Tenderers
Clause 1 General Provisions
Clause 2 The Employer
Clause 3 CONS/P&DB: The Engineer; EPCT: The Employer's Administration
Clause 4 The Contractor
Clause 5 CONS: Nominated Subcontractors
Clause 5 P&DB/EPCT: Design
Clause 6 Staff and Labour
Clause 7 Plant, Materials and Workmanship
Clause 8 Commencement, Delays and Suspension
Clause 9 Tests on Completion
Clause 10 Employer's Taking Over
Clause 11 Defects Liability
Clause 12 CONS: Measurement and Evaluation
Clause 12 P&DB/EPCT: Tests after Completion
Clause 13 Variations and Adjustments
Clause 14 Contract Price and Payment
Clause 15 Termination by Employer
Clause 16 Suspension and Termination by Contractor
Clause 17 Risk and Responsibility
Clause 18 Insurance
Clause 19 Force Majeure
Clause 20 Claims, Disputes and Arbitration
Appendix General Conditions of Dispute Adjudication Agreement
Glossary of Contract Terminology
Index of Sub-Clauses
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