The FIDIC Contracts: Obligations of the Parties

It is vital to ensure that your company complies with its contractual obligations. It is also vital to check whether the other parties are complying with theirs. This book was written to help those involved in the management of busy construction projects to find answers to contractual issues arising from the FIDIC forms of contract. The book is organised in such a way that you can find answers in a fraction of the time it would take to study the full conditions of contract. This book sets out the contractual obligations of the Employer, the Contractor, the Engineer and the DAB in a simple tabular form, together with the time-frames in which they should be performed and the consequences of non-compliance. This means that you will have all the information at your fingertips without having to study lengthy contractual clauses. For those using the FIDIC forms for the first time, or perhaps not using them too often, this book is a must, whilst experienced users will find it provides a valuable checklist. Whichever category you fall into, using this book should improve both knowledge and efficiency. The book is ideal for engineers, quantity surveyors, contract managers and any person whose job it is to understand the workings of a FIDIC contract. Roger Knowles had this to say: "The most important part of any contract is the obligations of the parties, the time frames in which the parties must perform these obligations, and the consequences of failing to meet them. Failure to carry out obligations correctly is a serious risk and common source of contention or claims. This practical ready-reference on the contractual obligations of the various parties for a FIDIC construction contract promotes efficient administration of construction projects, prevents contention and aids an easier understanding of their obligations." The FIDIC Contracts: Obligations of the Parties is presented in an easily-referenced, tabular format. The Red, Pink, Red Book Subcontract, Yellow, Silver, Gold, Pink, Green and White Books are all included and for ease of reference, each contract is separated into sections relating to the Employer, the Contractor, the Engineer (or the equivalent) and the DAB. This guide's accessible style will enable all parties and personnel involved in the project to quickly check that their company is performing the required obligations correctly - and also to ensure that other parties are doing the same.

Table of Contents:
About the Author v Foreword vi Acknowledgements vii Introduction ix Chapter 1 the Red Book: Conditions of Contract for Construction, for Building and Engineering Works Designed by the Employer, First Edition 1999 1 The Obligations of the Employer 3 The Obligations of the Contractor 14 The Obligations of the Engineer 38 The Obligations of the Dispute Adjudication Board 50 Chapter 2 the Pink Book: Conditions of Contract for Construction, MDB 1 Harmonised Edition for Building and Engineering Works Designed by the Employer, June 2010 55 The Obligations of the Employer 57 The Obligations of the Contractor 69 The Obligations of the Engineer 98 The Obligations of the Dispute Board 111 Chapter 3 The Red Book Subcontract: Conditions of Subcontract for Construction for Building and Engineering Works Designed by the Employer, First Edition 2011 115 The Obligations of the Contractor 117 The Obligations of the Subcontractor 130 Chapter 4 The Yellow Book: Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant, and for Building and Engineering Works, Designed by the Contractor, First Edition 1999 143 The Obligations of the Employer 145 The Obligations of the Contractor 156 The Obligations of the Engineer 183 The Obligations of the Dispute Adjudication Board 196 Chapter 5 The Silver Book: Conditions of Contract for EPC/Turnkey Projects, First Edition 1999 199 The Obligations of the Employer 201 The Obligations of the Contractor 218 The Obligations of the Dispute Adjudication Board 244 Chapter 6 The Gold Book: Conditions of Contract for Design, Build and Operate Projects, First Edition 2008 247 The Obligations of the Employer 249 The Obligations of the Contractor 260 The Obligations of the Employer’s Representative 290 The Obligations of the Dispute Adjudication Board 304 Chapter 7 The Green Book: Short form of Contract, First Edition 1999 309 The Obligations of the Employer 311 The Obligations of the Contractor 315 The Obligations of the Adjudicator 321 Chapter 8 The White Book: Client/Consultant Model Services Agreement, Fourth Edition 2006 323 The Obligations of the Client 325 The Obligations of the Consultant 330

About the Author :
Andy Hewitt, FICCP, FCIOB, FCInstCES, FQSi has over 40 years' experience in the construction industry, gained in the UK, Africa and the Middle East. His earlier career included senior positions with contractors, subcontractors and consultants in project, commercial and contract management roles, during which time he worked on many prestigious projects. For  the past 15 years or so, Andy has specialised in contractual matters, claims and disputes, culminating in him becoming a partner in Hewitt Decipher Partnership, offering consultancy services relating to contractual and commercial matters, claims and disputes. Andy is also a partner in Claims Class, a specialist organisation that offers training and education on claims, the FIDIC contracts and related subjects. Hundreds of companies and individuals have benefitted from Andy's experience, delivered via Claims Class' internationally acclaimed workshops and e-courses.