FIDIC users’ guide : a practical guide to the Red, Yellow, MDB harmonised and Subcontract books

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FIDIC Users' Guide: A practical guide to the Red, Yellow, MDB Harmonised and Subcontract Booksfocuses on the practical administration of the Federation Internationale des Ingenieurs-Conseils (FIDIC) Conditions of Contract for Construction and the Conditions of Contract for Plant & Design-Build, a revised family of Conditions of Contract published in 1999 to address the increasing size and complexity of construction projects.

Brian Barr and Leo Grutters have comprehensively updated Brian Totterdill's previous edition, taking into account newly published forms of contract, case studies, and FIDIC's expansion into a more international arena. The book recognises the growing tendency for projects to be administered by local employers, consultants and contractors as well as by experienced international organisations. Thus, the new edition of the FIDIC Users' Guide aims improve working relationships between all contract parties.

FIDIC Users' Guide: A practical guide to the Red, Yellow, MDB Harmonised and Subcontract Books includes

Evaluation of the MDB Harmonised Edition, incorporating the latest 2010 update Evaluation of the newly published Subcontract 1st Edition 2011 in view of its objective to be a back-to-back contract for use in conjunction with the Red Book Reviews of the selection, preparation and use of the Contracts, including project management, preparation and response to claims and dispute resolution Flow charts, full text and clause-by-clause commentaries on the Red, Yellow, MDB and Subcontract Books An independent review of the benefits, procedures and problems that may arise in the use of the FIDIC Conditions of Contract.

This book is an essential guide to FIDIC for all those involved in contract and construction, including practising contract administrators, Practitioners of FIDIC Construction Contracts, Engineers, Architects, Quantity Surveyors, Planners, and Lawyers.

Author Notes

Brian Barr and Leo Grutters (originally created by Brian Totterdill)

Foreword	p. xi
Acknowledgements	p. xiii
Preface to the third edition	p. xv
Abbreviations	p. xvii
About the authors	p. xix
Part 1 Introduction to Part 1	p. 1
01 Introduction to the FIDIC Conditions of Contract	p. 3
1.1 Construction contracts	p. 3
1.2 The FIDIC Conditions of Contract	p. 4
1.3 The Traditional FIDIC Conditions of Contract	p. 5
1.4 The 1999 FIDIC Conditions of Contract	p. 6
1.5 The MDB Harmonised Construction Contract	p. 8
1.6 Social clauses	p. 8
1.7 Contents of this book	p. 8
02 Comparisons between the different FIDIC Conditions of Contract	p. 9
2.1 The Traditional and the 1999 Conditions of Contract	p. 9
2.2 The Traditional Old Red Book and the Conditions of Contract for Construction	p. 9
2.3 Comparison between the different 1999 Conditions of Contract	p. 12
2.4 The Conditions of Contract for EPC/Turnkey Projects (The Silver Book)	p. 14
2.5 The Short Form of Contract (The Green Book)	p. 16
2.6 The Contract for Dredging and Reclamation Works (The Blue Book)	p. 18
2.7 The MDB Harmonised Conditions of Contract for Construction (The PNK Book)	p. 18
2.8 Conditions of Contract for Design, Build and Operate Projects (The Gold Book)	p. 20
2.9 Conditions of Subcontract for Construction (The Subcontract Book)	p. 20
2.10 FIDIC Procurement Procedures Guide	p. 21
03 The 1999 FIDIC Red, Pink, Yellow and Subcontract Books	p. 23
3.1 Contents of the FIDIC publication	p. 23
3.2 Preparation of the Contract Documents	p. 26
3.3 The layout of the General Conditions	p. 32
3.4 The sequence of construction operations	p. 40
3.5 Preparation of the Particular Conditions	p. 41
04 Claims and dispute procedures	p. 43
4.1 Introduction	p. 43
4.2 Claims and the Conditions of Contract	p. 44
4.3 Claims by the Contractor	p. 44
4.4 Claims by the Employer	p. 48
4.5 The Dispute Adjudication Board (DAB)/The Dispute Board (DB)	p. 50
4.6 Amicable Settlement	p. 52
4.7 Arbitration	p. 52
4.8 The Courts	p. 53
05 Flow Charts	p. 55
Part 2 The FIDIC Conditions of Contract for Construction For Building and Engineering Works designed by the Employer (RED and PNK Books)	p. 77
06 Introduction to Part 2	p. 79
The Red Book	p. 81
07 Clause 1: General Provisions	p. 83
7.1 Definitions that depend on the date for the submission of the Tender	p. 89
7.2 Definition in the Letter of Tender that was accepted by the Employer	p. 89
7.3 Definitions that depend on the Letter of Acceptance of the Contract Agreement	p. 89
7.4 Definitions that depend on the Contract documents, the Specification or Schedules	p. 90
08 Clause 2: The Employer	p. 107
09 Clause 3: The Engineer	p. 115
9.1 Additional Sub-Clause 3 6 [Management Meetings]	p. 122
10 Cause 4: The Contractor	p. 125
11 Clause 5: Nominated Subcontractors	p. 149
12 Clause 6: Staff and Labour	p. 153
13 Clause 7: Plant, Materials and Workmanship	p. 159
14 Clause 8: Commencement, Delays and Suspension	p. 167
15 Clause 9: Tests on Completion	p. 179
16 Clause 10: Employer's Taking Over	p. 183
17 Clause 11: Defects Liability	p. 189
18 Clause 12: Measurement and Evaluation	p. 197
19 Clause 13: Variations and Adjustments	p. 203
20 Clause 14: Contract Price and Payment	p. 213
21 Clause 15: Termination by Employer	p. 231
22 Clause 16: Suspension and Termination by Contractor	p. 237
23 Clause 17: Risk and Responsibility	p. 241
24 Clause 18: Insurance	p. 247
25 Clause 19: Force Majeure	p. 255
26 Clause 20: Claims, Disputes and Arbitration	p. 261
26.1 Alternative to Sub-Clause 20 4 [Obtaining Dispute Adjudication Board's decision]	p. 274
27 Appendix: General Conditions of Dispute Adjudication Agreement	p. 281
28 Annexes and Forms	p. 289
The Pink Book	p. 291
29 Introduction to the Pink Book	p. 293
30 Clause 1: General Provisions	p. 295
31 Clause 2: The Employer	p. 299
32 Clause 3: The Engineer	p. 301
33 Clause 4: The Contractor	p. 303
34 Clause 5: Nominated Subcontractors	p. 307
35 Clause 6: Staff and Labour	p. 309
35.1 Sub-Clauses 6.12-6.22 for additional staff and labour	p. 310
36 Clause 7: Plant, Materials and Workmanship	p. 313
37 Clause 8: Commencement Delays and Suspension	p. 315
38 Clause 9: Tests on Completion	p. 317
39 Clause 10: Employer's Taking Over	p. 319
40 Clause 11: Defects Liability	p. 321
41 Clause 12: Measurement and Evaluation	p. 323
42 Clause 13: Variations and Adjustments	p. 325
43 Clause 14: Contractor's Price and Payment	p. 327
44 Clause 15: Termination by Employer	p. 331
45 Clause 16: Suspension and Termination by Contractor	p. 333
46 Clause 17: Risk and Responsibilities	p. 335
47 Clause 18: Insurance	p. 337
48 Clause 19: Force Majeure	p. 339
49 Clause 20: Claims, Disputes and Arbitration	p. 341
50 Appendix: General Conditions of Dispute Board Agreement	p. 347
50.1 Changes to Annex: Procedural Rules	p. 349
51 Particular Conditions and Standard Forms	p. 351
51.1 Changes to standard forms	p. 351
Part 3 The FIDIC Conditions of Contract for Plant and Design Build for Electrical and Mechanical Plant, and for Building and Engineering Works, designed by the Contractor (Yellow Book, YIW Book)	p. 353
52 Introduction to Part 3	p. 355
53 Cause 1: General Provisions	p. 361
54 Clause 2: The Employer	p. 365
55 Clause 3: The Engineer	p. 367
56 Clause 4: The Contractor	p. 369
57 Clause 5: Design	p. 373
58 Clause 6: Staff and Labour	p. 381
59 Clause 7: Plant, Materials and Workmanship	p. 383
60 Clause 8: Commencement, Delays and Suspension	p. 385
61 Clause 9: Tests on Completion	p. 387
62 Clause 10: Employer's Taking Over	p. 389
63 Clause 11: Defects Liability	p. 391
64 Clause 12: Tests after Completion	p. 393
65 Clause 13: Variations and Adjustments	p. 397
66 Clause 14: Contract Price and Payment	p. 401
67 Clause 15: Termination by Employer	p. 405
68 Clause 16: Suspension and Termination by Contractor	p. 407
69 Clause 17: Risk and Responsibility	p. 409
70 Clause 18: Insurance	p. 411
71 Clause 19: Force Majeure	p. 413
72 Clause 20: Claims, Disputes and Arbitration	p. 415
Part 4 The FIDIC Conditions of Subcontract for Construction for Building and Engineering Works Designed by the Employer (SUBCONTRACT Book)	p. 419
73 Introduction to Part 4	p. 421
74 Clause 1: Definitions and Interpretation	p. 423
75 Clause 2: The Main Contract	p. 435
76 Clause 3: The Contractor	p. 439
77 Clause 4: The Subcontractor	p. 443
78 Clause 5: Assignment of the Subcontract and Subcontracting	p. 447
79 Clause 6: Co-operation, Staff and Labour	p. 451
80 Clause 7: Equipment, Temporary Works, Other Facilities, Plant and Materials	p. 455
81 Clause 8: Commencement and Completion	p. 459
82 Clause 9: Tests on Completion	p. 465
83 Clause 10: Completion and Taking-Over the Subcontract Works	p. 467
84 Clause 11: Defects Liability	p. 471
85 Clause 12: Measurement and Evaluation	p. 475
86 Clause 13: Subcontract Variations and Adjustments	p. 479
87 Clause 14: Subcontract Price and Payment	p. 483
88 Clause 15: Termination of the Main Contract and Termination of the Subcontract by the Contractor	p. 493
89 Clause 16: Suspension and Termination by the Subcontractor	p. 499
90 Clause 17: Risk and Indemnities	p. 503
91 Clause 18: Subcontract Insurances	p. 507
92 Clause 19: Subcontract Force Majeure	p. 511
93 Clause 20: Notices, Subcontractor's Claims and Disputes	p. 513
Part 5 Future updates	p. 525
Future updates	p. 527
Part 6 Appendices	p. 529
01 Notice Requirements for the RED and PNK Books	p. 531
02 Notice Requirements for the YLW Book	p. 543
03 Notice Requirements for the Subcontract Book	p. 555
04 Contents: General Conditions for the RED Book	p. 563
05 Contents: General Conditions for the PNK Book	p. 569
06 Contents: General Conditions for the YLW Book	p. 575
07 Contents: General Conditions for the SUB Book	p. 581
08 Forms and Annexes for the Red and Yellow Book	p. 585
Index	p. 601

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Summary

Summary

Author Notes

Table of Contents