This course reviews of the requirements and procedures for the FIDICConditions of Contract from a practical point of view with regard to theDispute Adjudication Board. It is a practical guide rather than a detailedlegal analysis, to assist engineers and others will use constructioncontracts.Reference will be made to the FIDIC form of contract and clausereferences will generally apply to clauses in the Conditions of Contractfor Construction 1999 edition, the “new red book”. The notes arecomments on the clauses and references should be made by the readerto the complete wording in the FIDIC contract.
2.0 THE CONSTRUCTION CONTRACT
A construction contract is made between two parties:
An owner who is referred to as the Employer, who has decidedthat he needs the project and who will pay for the project. TheEmployer will need to establish his requirements, decide whowill prepare the detailed design and check that the constructionmeets his requirements, and
A Contractor who will prepare all or any part of the design asrequired by the employer and who will actually construct theworks. The project organisation for the design, supervision and constructionmay vary but the tasks must be carried out by someone, either onbehalf of the Employer or on behalf of the Contractor. The FIDICConditions of Contract for Construction are based on design by theEmployer. The actual design is usually carried out by a ConsultingEngineer, on behalf of the Employer. The Conditions of Contract forPlant and Design Build and the Conditions of Contract for EPC/TurnkeyProjects are based on design by the Contractor. Again, the actualdesign may be carried out by a Consulting Engineer, but on behalf of the Contractor.
3.0 THE CONDITIONS OF CONTRACT
The Conditions of Contract include:
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