The FIDIC Forms of Contract
- ISBN-10
- 1118658655
- ISBN-13
- 9781118658659
- Category
- Law
- Pages
- 872
- Language
- English
- Published
- 2013-02-05
- Publisher
- John Wiley & Sons
- Author
- Nael G. Bunni
Description
In September 1999, FIDIC introduced its new Suite of Contracts,which included a “new” Red, Yellow, Silver and Greenforms of contract. The “new” Red Book was intended toreplace the 1992 fourth edition of the Red Book, with the ambitionthat its use would cease with time. This ambition has notmaterialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been verylittle published on the new concepts adopted in them and how theyinteract with the previous forms. This important work considersthese aspects together with the many developments affecting thefourth edition of the Red Book that have taken place since 1997,when the second edition of this book was published, and relatesthem to key contracting issues. It is written by a charteredengineer, conciliator and international arbitrator with wideexperience in the use of the FIDIC Forms and in the various disputeresolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms ofcontract; · a detailed comparison of the wording of the1999 threemain forms, which although similar in nature; it neverthelesssignificantly differs in certain areas where the three formsdiverge due to their intended purpose; · analysis of the rights and obligations of the partiesinvolved in the contract and the allocation of risksconcerned; · a range of ‘decision tree’ charts, analysingthe main features of the 1992 Red Book, including risks,indemnities and insurances, claims and counterclaims, variations,procedure for claims, programme and delay, suspension, payments andcertificates, dispute resolution mechanisms, and disputeboards; · a much enlarged discussion of the meaning of“claim” and “dispute” and the types ofclaim with a discussion of the Notice provision in the 1999 formsof contract for the submittal of claims by a contractor and by anemployer; · the FIDIC scheme of indemnities and insurancerequirements; and the methods of dispute resolution provided by thevarious forms of contract; and · five new chapters in this third edition, the first fourchapters deal with each of the 1999 forms and the fifth chapter isconfined to the topic of Dispute Boards.
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