Works of Civil Engineering (1987 Red Book) Subcontract 1st Ed (1994)

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Conditions of Subcontract for Work of Civil Engineering Construction (1st Edition, 1994).

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Works of Civil Engineering Construction 4th Ed 1987 Red Book

Conditions of Contract for Works of Civil Engineering Construction. Part I: General Conditions with forms of tender + agreement; Part II: Conditions of particular application + guidelines for preparation of Part II clauses. (4th Edit. 1987, reprinted 1988 with editorial amendments, reprinted 1992 with further amendments, reprinted 2011). The 2011 reprint now also includes the Supplement 1st. Ed. 1996. Users wishing to incorporate the part 1-General Conditions are invited either to include a printed version of the entire 2011 reprint or to purchase an electronic version, where Part1-General Conditions can be printed as a separate document.

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Works of Civil Engineering (1987 Red Book) Subcontract 1st Ed (1995) introduction

Introduction to the FIDIC Conditions of Subcontract for Work of Civil Engineering Construction (1st Edition, 1995).

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ISBN:

2-88432-043-1

Red Book (1987 Red Book) Subcontract
First Edition; 1994
FOREWORD ACKNOWLEDGEMENTS CONTENTS Conditions of Subcontract for Works of Civil Engineering Construction For use in conjunction with the Conditions of Contract for Works of Civil Engineering Construction, Fourth Edition 1987 Reprinted 1992 (1987 Red Book) with further amendments Part I: General Conditions Part II: Guidance for the Preparation of the Particular Conditions Part III: With Forms of Tender, and Agreement
		Parts I, II and III: soft cover; 40 pages
Foreword
The terms of the Conditions of Subcontract for Works of Civil Engineering Construction have been prepared by the Fédération Internationale des Ingénieurs-Conseils (FIDIC) and are recommended for use in conjunction with the Conditions of Contract for works of Civil Engineering Construction (Fourth Edition 1987, Reprinted 1992 with Further Amendments). The Conditions, subject to minor modifications, are equally suitable when the Subcontractor has been nominated by the Employer. The version in English of the Conditions is considered by FIDIC as the official and authentic text for the purpose of translation. In the preparation of the Conditions of Subcontract it was recognised that while there are numerous Clauses which will be generally applicable there are some Clauses which must necessarily vary to take account of the circumstances and locality of the Subcontract Works. The Clauses of general application have been grouped together in Part I of this document and are referred to as Part I - General Conditions. They have been printed in a form which will facilitate their inclusion as printed in the subcontract documents normally prepared. The General Conditions are linked with the Conditions of Particular Application, referred to as Part II of the Subcontract, by the corresponding numbering of the Clauses, so that Parts I and II together comprise the Conditions of Subcontract governing the rights and obligations of the parties. The Conditions of Particular Application must be specially drafted to suit each individual Subcontract. The guidance in Part II of this document is intended to aid in this task by giving options for various clauses where appropriate. Use of clauses in Part II may be necessary or appropriate for one or more reasons, of which the following are examples: Where the wording in Part I specifically requires that further information is to be included in Part II and the Conditions of Subcontract would not be complete without that information, namely in Sub-Clauses 1.1 paragraphs (a)(i), (ii) and (iv), (b)(i) and (e)(ii), 2.3, 6.1, 15.1 and 15.2. Where the wording in Part I indicates that supplementary information may be included in Part II, but the Conditions of Subcontract would still be complete without any such information, namely in Sub-Clauses 4.4, 5.2, 5.3, 6.2, 7.3, 12.1, 19.1, 19.2 and Clause 22. Where the type, circumstances or locality of the Subcontract Works necessitate additional Clauses or Sub-Clauses (for example, when the Subcontractor has been nominated by the Employer). Where the governing law or exceptional circumstances necessitate an alteration in Part I. Such alterations should be effected by stating in Part II that a particular Clause, or part of a Clause, in Part I is deleted and giving the substitute Clause, or part, as applicable. In Part II, in the case of some Clauses, example wording is provided. In other cases, however, only guidance for drafting purposes is given. Before incorporating any example wording it must be checked to ensure that it is wholly suitable for the particular circumstances and, if not, it must be varied. Where example wording is varied and in all cases where additional material is included in Part II, care must be taken to ensure that no ambiguity is created with Part I or between the Clauses in Part II. AcknowledgementsFIDIC extends special thanks to Christopher R. Seppala and Maurizio Ragazzi, White & Case, Paris, for acting as the principal drafters of this document. This contribution to FIDIC and the profession is highly appreciated. The draft was reviewed initially by Mario Asin of TAMS, USA and Edward Corbett of Corbett & Co., UK and subsequently by the World Bank, European International Contractors, the International Bar Association and ConSpec, all of whom provided valuable comments. Advice on insurance matters was provided by Martyn J. Nixon of Willis Corroon, London. The preparation was carried out under the general direction of the FIDIC Contracts Committee comprising K.B. (Tony) Norris, Consulting Engineer, UK; Michael Mortimer-Hawkins of SwedPower, Sweden; and John Bowcock of Sir Alexander Gibb & Partners Ltd. UK. FIDIC wishes to record its appreciation of the time and effort devoted by all the above. The ultimate decision on the form and content of the document rests with FIDIC. ContentsPART 1: GENERAL CONDITIONS 1. Definitions and Interpretation 1.1 Definitions 1.2 Headings and Marginal Notes 1.3 Interpretation 1.4 Singular and Plural 1.5 Notices, Consents, Approvals, Certificates, Confirmations and Determinations 1.6 Instructions in Writing 2. General Obligations 2.1 Subcontractor’s General Responsibilities 2.2 Performance Security 2.3 Programme to be submitted by Subcontractor 2.4 Assignment of Subcontract 2.5 Sub-subcontracting 3. Subcontract Documents 3.1 Language/s 3.2 Governing Law 3.3 Subcontract Agreement 3.4 Priority of Subcontract Documents 4. Main Contract 4.1 Subcontractor’s Knowledge of Main Contract 4.2 Subcontractor’s Responsibilities in Relation to Subcontract Works 4.3 No Privity of Contract with Employer 4.4 Possible Effects of Subcontractor’s Breaches of Subcontract 5. Temporary Works, Contractor's Equipment and/or Other Facilities (if Any) 5.1 Subcontractor’s Use of Temporary Works 5.2 Subcontractor’s Use of Contractor's Equipment and/or Other Facilities (if Any) in Common with Other Subcontractors 5.3 Subcontractor’s Exclusive Use of Contractor’s Equipment and/or Other Facilities (if Any) 5.4 Indemnification for Misuse of Temporary Works, Contractor’s and/or Other Facilities (if Any) 6. Site Working and Access 6.1 Working Hours on Site; Subcontractor's Compliance with Rules and Regulations 6.2 Availability of Site to Subcontractor and Access to Site 6.3 Subcontractor's Obligation to Permit Access to Subcontract Works Commencement and Completion 7. Commencement and Completion 7.1 Commencement of Subcontract Works; Subcontractor’s Time for Completion 7.2 Extension of Subcontractor’s Time for Completion 7.3 Contractor's Obligation to Notify 8. Instructions and Decisions 8.1 Instructions and Decisions under Main Contract 8.2 Instructions under Subcontract 9. Variations 9.1 Variations of Subcontract Works 9.2 Instructions for Variations 10. Valuation of Variations 10.1 Manner of Valuation 10.2 Assessment of Value of Variations 10.3 Valuation by Reference to Measurement under Main Contract 10.4 Quantity Estimated and Quantity Executed 10.5 Daywork 11. Notices and Claims 11.1 Notices 11.2 Claims 11.3 Effects of Failure to Give Notice 12. Subcontractor's Equipment, Temporary Works and Materials 12.1 Incorporation by Reference 13. Indemnities 13.1 Subcontractor’s Obligation to Indemnify 13.2 Contractor’s Obligation to Indemnify 14. Outstanding Work and Defects 14.1 Subcontractor’s Obligations before Taking-Over 14.2 Subcontractor’s Obligations after Taking-Over 14.3 Defect Caused by Contractor's Act or Default 15. Insurances 15.1 Subcontractor’s Obligation to Insure 15.2 Contractor’s Obligation to Insure; Subcontract Works at Subcontractor’s Risk 15.3 Evidence of Insurance; Remedy on Failure to Insure 16. Payment 16.1 Subcontractor’s Monthly Statements 16.2 Contractor’s Monthly Statements 16.3 Payment Due; Payment Withheld or Deferred; Interest 16.4 Payment of Retention Money 16.5 Payment of Subcontract Price and Other Sums Due 16.6 Cessation of Contractor’s Liability 17. Termination of Main Contract 17.1 Termination of Subcontractor’s Employment 17.2 Payment after Termination 17.3 Termination of Main Contract in Consequence of Breach of Subcontract 18. Default of Subcontractor 18.1 Termination of Subcontract 18.2 Contractor’s and Subcontractor’s Rights and Liabilities upon Termination 18.3 Contractor’s Powers 19. Settlement of Disputes 19.1 Amical Settlement and Arbitration 19.2 Dispute in Connection with or Arising out of Main Contract Touching or Concerning Subcontract Work 22. Notices and Instructions 20.1 Giving of Notices and Instructions 20.2 Change of Address 21. Changes in Cost and Legislation 21.1 Increase or Decrease of Cost 21.2 Subsequent Legislation 22. Currency and Rates of Exchange 22.1 Currency Restrictions 22.2 Rates of Exchange PART II: Guidance for the Preparation of Conditions of Particular Application 1 Definitions and Interpretation 2 General Obligations 3 Subcontract Document 4 Main Contract 5 Temporary Works, Contactor’s Equipment and/or Other Facilities (if Any) 6 Site Working and access 7 Commencement and Completion 12 Subcontractor’s Equipment, Temporary Works and Materials 14 Outstanding work and Defects 15 Insurances 16 Payment 19 Settlement of Dispute 22 Currency and Rates; Subcontractor's Offer Appendix to Subcontractor's Offer Subcontract Agreement

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