If you can't read please download the document
Upload
lyliem
View
245
Download
15
Embed Size (px)
Citation preview
The FIDIC Red Book Development from 1987 Standard Form to 2010 MDB Harmonised Edition
Toby RandleToby Randle
What is FIDIC?
Federation Internationaledes Ingenieurs-Conseilsdes Ingenieurs Conseils
Produces a suite of contractscontracts
Founded by international i 1913engineers 1913
First FIDIC Red Book 1973
The FIDIC Suite
Why Choose FIDIC?
International favourite
Well known to funders
Well respected
No learning curveg
Other Options
IChemE
NEC 3
ICEICE
ENNA Japan
AIA, EJDC & AGC USA
RAIC Canada RAIC - Canada
When to Use FIDIC Red/Pink?
Build-only
Detailed design provided by Employer / Engineer
Major civil engineering
Infrastructure
NuclearNuclear
Key Features of Red Book
Financial protection for Contractor (clause 2)
Employer not impartial (clause 3)
Any Contractor designed works Any Contractor designed works fit for purpose (clause 4)
Re-measurement (clause 12)
Payment and progress reports (sub-clauses 4.21 and 14.3)
Claims (clause 20)Claims (clause 20)
Key Features of Pink Book
Engineers authority unlimited (clause 3)( )
Financial protection for Contractor (sub-clause 8.1)Co t acto (sub clause 8. )
Fradulent, corrupt, collusive, coercive collusive, coercive practices (sub-clause 15.6)
Difficult to terminate (sub-Difficult to terminate (subclause 16.2)
Pitfall 1: Loss and Expense
Sub-clause 20.1 no prolongation cost (also time bar)
Sub-clause 8.4 no prolongation cost
Sub-clause 8.9 increased cost for suspension very limitedfor suspension very limited
Sub-clause 2.1 cost and reasonable loss of profit for delay in accessing sitey g
Sub-clause 1.9 Contractor friendly provision for cost and reasonable loss of profit for delayed drawings or instructionsdelayed drawings or instructions
Pitfall 2: Appendix to Tender
Complete Appendix to Tender ProperlyTender Properly
Changes in Cost (cl 13.8)
Sectional Completion (cl 8.2 and 8.7)
Main complaints in relation to Red Book
Are DAB decisions enforceable?
FIDIC Guidance
Attitude of English court
Conclusion
Flexible contract
Well known to funders Well known to funders
BUT, enforcement may be difficult
If you only remember these things.
Be careful with loss and expense
Fill in the Appendix to Tender properlyFill in the Appendix to Tender properly
Choose your jurisdiction clause wisely
And Finally.
Choice of Contract no substitute for:-substitute for:
Quality team
Clarity of design obligations
Good contract management
Effective communication
The FIDIC Red Book Development from 1987 Standard Form to 2010 MDB Harmonised Edition
Toby RandleToby Randle