Academic literature on the topic 'FIDIC forms of contract'

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Journal articles on the topic "FIDIC forms of contract"

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Crawley, Shaun. "Are Notice Provisions for a Delay and Additional Payment under FIDIC 1999 and 1987 Compliant with the Civil Transaction Code, Law #5?" Arab Law Quarterly 25, no. 3 (2011): 255–75. http://dx.doi.org/10.1163/157302511x568510.

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This article looks at whether the provisions which obligate a party to issue a notice upon certain delaying events occurring under FIDIC 1st edn., 1999 Conditions of Contract, Construction for Building and Engineering Works Designed by the Employer (FIDIC99), and FIDIC 4th edn., 1987 for Works of Civil Engineering Construction, reprinted in 1992 with further amendments (FIDIC4), are compliant with the relevant articles of the Civil Transaction Code, Law #5 of 1985 as amended by Law #1 of 1987. This is done by reviewing the applicable laws that apply and then the relevant provisions of the above FIDIC forms of conditions of contract.
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Kirsanov, A. N., and A. V. Korablin. "Types, characteristics and features of model FIDIC contracts." Journal of Law and Administration 17, no. 4 (February 21, 2022): 51–56. http://dx.doi.org/10.24833/2073-8420-2021-4-61-51-56.

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Introduction. The article examines the types of standard FIDIC contracts, as the most commonly applicable standard forms of a construction contract, analyzes the features of each type of FIDIC contract, the history and reasons for the emergence and use of new standard forms of contracts.Materials and methods. The implementation of research tasks was achieved on the basis of studying the theoretical and practical experience of foreign countries in the application of standard FIDIC construction contracts, the history of FIDIC contracts, their features. The methodological basis of the research was formed by the method of system-structural analysis.The results of the study. The article discusses the forms of FIDIC construction contracts, their features, the reasons for their emergence and distribution in international construction.Discussion and conclusions. The study showed that FIDIC model contracts are an effective universal mechanism for regulating legal relations arising from international construction projects and allow minimizing the impact of local legislation on international construction projects in which residents of different states can take part.
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Zakaria, Zarabizan Bin, Syuhaida Binti Ismail, and Aminah Binti Md Yusof. "An Overview of Comparison between Construction Contracts in Malaysia: The Roles and Responsibilities of Contract Administrator in Achieving Final Account Closing Success." International Journal of Applied Mathematics and Informatics 16 (March 5, 2022): 1–8. http://dx.doi.org/10.46300/91014.2022.16.1.

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The administration of construction contracts in Malaysia is facilitated through a standard form of contract. The application of each however depends on the type of project, mode of finance and owner of the project. International Federation of Consulting Engineers (FIDIC), Public Work Department 203A (PWD203A), Pertubuhan Akitek Malaysia (PAM) Standards form of contract are widely implemented in Malaysia. In generally, each standard form of contract aims at ensuring effective, efficient and non-disputable contract administration. Nonetheless, variations arise in certain matters. This paper appraises the differences in roles and responsibilities of contract administrator as stipulated in each forms, namely PWD203A, PAM and FIDIC via literature review on some different types of forms of contract used in Malaysia. This aim can be achieved by determining the important factors affecting final account closing success caused by contract administrator, and investigating the differences between forms of contract. The understanding of these roles and responsibilities is important at the preliminary stage especially in selecting superintending party as well as identifying the contract liability in the persuasion of the contract. This paper shows that the use of contract documents either FIDIC, PAM and PWD 203A is dependent on the project owner/employer, type of project as well as the nature of a project and financing involved. Most of the projects under the government will apply PWD203A contract document while the private sector will use PAM contract document and FIDIC contract document will be used for projects involving international contracts.
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Besaiso, Haytham, Peter Fenn, Margaret Emsley, and David Wright. "A comparison of the suitability of FIDIC and NEC conditions of contract in Palestine." Engineering, Construction and Architectural Management 25, no. 2 (March 19, 2018): 241–56. http://dx.doi.org/10.1108/ecam-10-2016-0235.

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Purpose The standard forms of construction contract are receiving greater attention in the management of projects scholarship as they probably influence the project success and project disputes. The extant literature suggests that the standard forms of construction contract are one of the top sources of disputes. The purpose of this paper is to examine the effectiveness of the standard forms of construction contract, FIDIC and NEC, in reducing disputes in the Palestinian construction industry. Design/methodology/approach The researchers have used qualitative methods to collect data and more specifically have undertaken 12 semi-structured interviews. Findings The study reveals that the standard forms of construction contract can be a tool to minimise disputes, but certainly not to eradicate them, and NEC appears to be more capable than FIDIC to do so. Originality/value This study contributes to knowledge by bringing an industrial perspective into the role of standard forms of contract in disputes creation and avoidance. The interviewees, recurrent users of FIDIC contract, criticised certain features and expressions and proposed some solutions.
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Kirsanov, A. N., and A. V. Korablin. "Lex Constructionis as a Regulator of an International Construction Contract in Russia." Journal of Law and Administration 18, no. 3 (October 18, 2022): 26–31. http://dx.doi.org/10.24833/2073-8420-2022-3-64-26-31.

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Introduction. The gaps in the international private legal regulation of legal relations arising from an international construction contract are filled by other sources of law, primarily Lex constructionis, which is a set of acts and documents developed by non-governmental organizations that do not have the force of law, but are actively used in business circulation.FIDIC contracts can be cited as standard contracts, which are a set of narrowly focused standard forms of contracts, each of which was developed for a specific situation and certain legal relations arising from an international construction contract.Despite the international and narrowly focused nature of the FIDIC agreements, their application is also possible in the national projects of Russia with some reservations.The purpose of this article is to analyze Lex constructionis on the example of standard FIDIC con- tracts and the possibility of using FIDIC contracts in national projects in Russia.Materials and methods. The implementation of the research tasks was achieved on the basis of the study of theoretical and practical experience in the application of standard FIDIC construction contracts. The methodological basis of the study was the following methods: generalization, analysis, synthesis, induction, deduction, comparative legal analysis. The results of the study. The following tasks are solved in the work: an analysis of standard contracts and Russian legislation is carried out, their contradictions are revealed.Discussion and conclusions. The use of FIDIC model contracts without their adaptation to Russian law is not possible due to the existence of contradictions between the provisions of FIDIC model contracts and the mandatory rules of Russian law, arising from different approaches to the regulation of a construction contract - FIDIC model contracts are based on the doctrine of common law, while Russian law belongs to the Romano-Germanic legal family.
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Gagula, Almir, and Zlatan Meškić. "Termination of the contract under FIDIC: The perspective of Bosnia and Herzegovina." Revija Kopaonicke skole prirodnog prava 2, no. 2 (2020): 57–75. http://dx.doi.org/10.5937/rkspp2002057g.

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FIDIC Forms of Contract in recent years are often used for regulation of rights and obligations of the investors and the contractors on the construction projects in Bosnia and Herzegovina, in particular in construction of the highways, railways and dams. Majority of the projects is finalized without significant disputes between the parties. However, in certain cases disputes between the parties escalate in such magnitude that one of the parties decides to terminate the contract. Due to severity of the financial consequences of the termination, it is necessary to emphasise interplay between the Laws on Obligations in Bosnia and Herzegovina and FIDIC Forms. A careful approach to the issue of the termination could prevent complicated and expensive arbitral proceedings.
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Crawley, Shaun. "Does an Extension of Time Clause Prevent a Construction Contract Being Infected by Gharar?" Arab Law Quarterly 26, no. 2 (2012): 155–74. http://dx.doi.org/10.1163/157302512x628314.

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Abstract This article examines how gharar can infect a construction contract and if and how the extension of time and additional payment clauses can operate to negate the effect of gharar, and whether such provisions are compliant with the relevant articles of Law No. 1, 1987. This is done by identifying how gharar can infect a construction contract, reviewing the applicable laws that apply with respect to a construction contract and then the relevant provisions of FIDIC, Employer’s design forms of Contract.
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Varavenko, Victor Evgenyevich, and Valeriya Andreevna Ostroukhova. "Unilateral termination of construction contract: comparative analysis of civil Legislation and international contract forms." Право и политика, no. 2 (February 2021): 70–82. http://dx.doi.org/10.7256/2454-0706.2021.2.35113.

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The subject of this research is the similarities and differences between the contract forms developed by the international nongovernmental organizations for application in the sphere of investment construction activity (contracts terms for engineering, procurement, construction/ for turnkey projects, second edition of 2017, developed by the International Federation of Consulting Engineers (FIDIC), framework “turnkey” contract for large projects, first edition of 2007, developed by the International Chamber of Commerce (ICC)) and the norms of national civil legislation (Parts I and II of the Civil Code of the Russian Federation) that regulate unilateral termination of construction contracts. The novelty of this research lies in conducting a comparative analysis of Russian legislation and contract forms developed by the international nongovernmental organizations. The examination of foreign experience in the sphere of legal regulation of termination of contract are based on analysis of the norms of contract law of the national legal systems of foreign countries. However, according to the foreign authors, contract law within the systems of both, general and continental law, was developing in seclusion, without substantial influence of one national system upon another. International influence upon the national contract law emerged relatively recently in the sphere of foreign economic activity. At the same time, the key factor for mutual enrichment of the national systems of contract law became the use of international contract forms, which contributed to the unification of contractual regulation of the relations of obligation in national jurisdictions. Their influence upon the development of contract law was far more substantial than even the development of international conventions with substantive law regulations.
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Sayin, Baris, Mahmut Sarı, and Cemil Akcay. "Classification and resolution procedure for disputes in public construction projects." Revista de la construcción 20, no. 2 (August 2021): 259–76. http://dx.doi.org/10.7764/rdlc.20.2.259.

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Construction sector, which is associated with approximately two hundred sub-sectors in terms of employment area, plays the role of locomotive sector in economic development of countries. This feature of the sector affects economy directly and indirectly. Despite this positive contribution of the sector, disputes are inevitable between parties –administration and contractor– in a bid, contract and implementation processes, which are parameters of the construction process. Formal judicial process applied for the purpose of resolving disputes encountered in construction projects that the public assumes the role of employer, takes a long time. Therefore, while contractor is exposed to financial losses, administration cannot conclude public investment. In the study; disputes in public construction projects are classified, and proposals preventing disputes are presented. In this scope, firstly, 174 of 10591 disputes submitted to Court of Cassation, and 84 of 102 disputes submitted to Directorate of High Technics Board are selected regarding public construction projects. In the second stage, parameters causing disputes are classified under six main items. Thirdly, reasons of the disputes for each classification are detailed, and then proposals are presented for prevention of the disputes based on FIDIC (International Federation of Consulting Engineers) contract forms. Finally, a resolution procedure is developed for the processes including bid, contract and implementation phases based on FIDIC. By the presented proposals for GCCW (General conditions of construction works) official resolution paths can be reduced to a minimum, and the processes result positively for administration and contractors. It is concluded that the developed procedure is suitable as a practical tool for resolution process of the disputes in the public construction projects.
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Tait, N. "Book reviewTHE FIDIC FORMS OF CONTRACT 3RD EDITION BunniNael G.. Blackwell, 2005, 978-1-4051-2031-9 (hardback)." Proceedings of the Institution of Civil Engineers - Management, Procurement and Law 160, no. 4 (November 2007): 182. http://dx.doi.org/10.1680/mpal.2007.160.4.182.

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Dissertations / Theses on the topic "FIDIC forms of contract"

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Bennani, Ali. "Les contrats FIDIC." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD073.

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Participant d'un mouvement global d'élaboration du droit par des organismes privés, la Fédération Internationale des Ingénieurs Conseils (FIDIC) élabore et diffuse les contrats FIDIC. Il s'agit de contrats-types utilisés dans les grands projets de construction internationaux par les acteurs du secteur de la construction internationale. Les contrats FIDIC participent à la transnationalisation du droit applicable à ces projets. Cette transnationalisation pose la question de l'existence d'une lex constructionis, dérivée spécifique de la lex mercatoria.Pour répondre à la question de l'existence de la lex constructionis, l'auteur procède à l'étude de la formation et de l'application des contrats FIDIC
The FIDIC ContractsThe International Federation of Consulting Engineers (FIDIC), participating in a global trend of creation of the rule of law by private organizations, elaborates and issues the FIDIC contracts. These contracts are standards widely used in major international constructionn projects by the main actors of international construction market. The FIDIC contracts participate to the transnationalization of the applicable law to such major projects. This transnationalization raises the question of the existence of a lex constructionis, a specific derivative of the lex mercatoria. In order to answer the question of the existence of the lex constructionis, the author procedes to the study of the formation and the application of the FIDIC contracts
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Day, Keith D. "The administration of the #botched' FIDIC contract : the problems arising out of the administration of a wrongly #slanted' contract for turnkey projects." Thesis, University of Southampton, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280915.

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Aktug, Fatma Pelin. "Comparison Of Fidic Conditions Of Contract (1999) And Uncitral Legal Guide From Prospective Disputes And Claims Perspective." Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12614297/index.pdf.

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Cassar, Vincent. "Identifying and investigating the component forms of psychological contract violation." Thesis, Birkbeck (University of London), 2004. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.676902.

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Gozzi, Elcio Fagundes Marques. "Contrato de EPC (Engeneering, Procurement e Construction) e o padrão FIDIC." reponame:Repositório Institucional do FGV, 2016. http://hdl.handle.net/10438/17285.

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Submitted by Elcio Fagundes Marques Gozzi (elciofagundes@hotmail.com) on 2016-10-18T16:08:09Z No. of bitstreams: 1 Dissertação EPC e FIDIC Final.pdf: 428824 bytes, checksum: 0055e43ff3a18c798173bc9f863eac68 (MD5)
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This dissertation aims at analyze the Engineering, Procurement and Construction Agreement (EPC) and its use as standard form, as presented by the International Federation of Consulting Engineers (FIDIC). The work is divided in two parts. The first, to verify the adequacy of construction agreement (empreitada) rules to the EPC agreement and the possible need for specific ruling on this matter. Analyzes the legal framework of construction agreement (empreitada) stated on Brazilian Civil Code, drawing a parallel with the main characteristics and differences between construction agreement (empreitada) and the EPC from its legal and economic perspective of project finance. The second part analyzes the main characteristics of the FIDIC’s EPC standard form, known as Silver Book, and its application in Brazil considering the peculiarities of our legal system.
Esta dissertação de mestrado visa analisar os contratos de EPC (Engineering, Procurement and Construction) bem como sua utilização em padrões ou formulários, tal como o apresentado pela Federação Internacional de Engenheiros Consultores (FIDIC). O trabalho está dividido em duas partes. A primeira tem como objetivo verificar a adequação das normas da empreitada ao contrato EPC e a eventual necessidade de regramento específico sobre a matéria. Analisa-se o regime jurídico do contrato de empreitada do Código Civil de 2002, traçando um paralelo entre suas principais características e diferenças em relação ao EPC considerando o modelo de project finance como seu racional jurídico. A segunda parte analisa as principais características do contrato EPC no padrão FIDIC, conhecido como Silver Book, e sua aplicação no Brasil diante das peculiaridades de nosso sistema jurídico.
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Harsch, Walter William. "Automated Government contract management as a paradigm for standard programs vs. standard forms." Thesis, Monterey, California. Naval Postgraduate School, 1988. http://hdl.handle.net/10945/22923.

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This thesis identifies a potential weakness in the Federal Government's policy in the area of Contract Administration relating to computer prepared forms and documents. In particular, the preparation of Contract Progress Payment Request (Standard Form 1443). It is the author's thesis that the Government, which gave us the 'Standard Form', should take a leadership role in developing the 'Standard Program', and that these programs be distributed to contractors free of charge in an effort to: 1. Establish and maintain program standards concerning content and documentation, and 2. Eliminate, to the maximum extent possible, mistakes in form preparation caused by math or logic errors. Keywords: Computer programs, Theses
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Čáp, Radim. "Modelování ceny stavebního díla v závislosti na reálných smluvních vztazích." Doctoral thesis, Vysoké učení technické v Brně. Fakulta stavební, 2012. http://www.nusl.cz/ntk/nusl-392283.

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Dissertation deals with the design of appropriate procedures for modeling of construction costs in accordance with contractors bid, considering possible risks of construction project with focus on one type of FIDIC contract conditions, the so-called Red Book. The description of the potential risk and cost impacts on the construction contract in the pre-production stage of the bid preparation and in the implementation phase.
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Root, David S. "The influence of professional and occupational cultures on project relationships mediated through standard forms and conditions of contract." Thesis, University of Bath, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340977.

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Mohyla, Lolita V. (Lolita Veronica). "Alternative forms of building contract, and implications for the practice of architecture and influences upon the Australian building industry." 1992, 1992. http://web4.library.adelaide.edu.au/theses/09ARCHM/09archmm711.pdf.

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Usta, Ergun. "Comparison Of International Federation Of Consulting Engineers And General Specification For Public Works Contracts From Risk Management Perspective." Master's thesis, METU, 2005. http://etd.lib.metu.edu.tr/upload/12606443/index.pdf.

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Contractors have to construct the projects efficiently in accordance with the contract provisions when they accept a contract. All construction projects involve risk and there is no possibility to eliminate all the risks associated with a specific project. Management of risk requires identification and analysis of risk factors. After this risk assessment step, proper response strategies have to be developed so that an optimum risk-reward structure is ensured. Contracts are the grounds where risk allocation schemes between parties are settled and risk-reward mechanisms are defined. Since contractors are usually unable to influence the contract conditions and clauses, they should understand which risks they are retaining under contract conditions. Thus, succesful management of risk requires understanding of contract clauses and identification of secondary risk factors created due to poorly defined contract clauses. The aim of this thesis is to investigate standard conditions of contract, namely FIDIC and GSPW, which are the most widely utilised contracts by the Turkish contractors, from the risk management point of view. For this purpose an interview form is prepared and interviews are conducted using this structured form. Implications of the contract clauses for the risk management strategy of contractors are discussed based on interview findings. The basic philosophy of FIDIC and GSPW are investigated so that necessary suggestions for the contractors can be made considering the risk allocation schemes defined in these documents.
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Books on the topic "FIDIC forms of contract"

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Bunni, Nael G., ed. The FIDIC Forms of Contract. Oxford, UK: Blackwell Publishing Ltd, 2005. http://dx.doi.org/10.1002/9780470759417.

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Qureshi, Sajid A. Contractual scheme of FIDIC conditions of contract. Rawalpindi: Federal Law House, 2003.

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Khanlari, Raveed. FIDIC plant and design-build forms of contract illustrated. Hoboken, N.J: John Wiley and Sons, Inc., 2015.

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Construction claims & responses: Effective writing & presentation. Ames, Iowa: Wiley-Blackwell, 2011.

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Weselik, Nikolaus. Handbuch des internationalen Bauvertrags: Mit einer Kommentierung wesentlicher FIDIC-Vertragsmuster. Wien: Linde international, 2015.

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Barr, Brian. FIDIC users' guide: A practical guide to the Red, Yellow, MDB harmonised and Subcontract books. London: ICE Publishing, 2014.

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International construction contracts: A handbook : with commentary on the FIDIC design-build forms. West Sussex, UK: Wiley-Blackwell, 2013.

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Bunni, Nael G. The FIDIC forms of contract: The fourth edition of the Red Book, 1992, the 1996 Supplement, the 1999 Red Book, the 1999 Yellow Book, the 1999 Silver Book. 3rd ed. Oxford, UK: Blackwell Pub., 2005.

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Meopham, Brian. FIDIC conditions of contract: A commercial manual. London: Waterlow, 1986.

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A contractor's guide to the FIDIC contract. Hoboken, [N.J.]: Wiley-Blackwell, 2011.

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Book chapters on the topic "FIDIC forms of contract"

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Jaeger, Axel-Volkmar, and Götz-Sebastian Hök. "English and International Standard Forms of Contract." In FIDIC - A Guide for Practitioners, 71–79. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-02100-8_3.

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Bunni, Nael G., and Lydia B. Bunni. "Insurance clauses of the 1999 FIDIC forms of contract." In Risk and Insurance in Construction, 312–38. 3rd ed. London: Routledge, 2021. http://dx.doi.org/10.1201/9781003222514-9.

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Dedezade, Taner. "Enforcement of DAB decisions under the FIDIC forms of contract." In Construction Arbitration and Alternative Dispute Resolution, 161–68. London: Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9781003155973-14.

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Bunni, Nael G., and Lydia B. Bunni. "Insurance clauses in the various FIDIC standard forms of contract." In Risk and Insurance in Construction, 252–311. 3rd ed. London: Routledge, 2021. http://dx.doi.org/10.1201/9781003222514-8.

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Dedezade, Taner. "Enforcement of DAB decisions under the FIDIC 1999 Forms of Contract." In Transnational Construction Arbitration, 220–48. Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2017. | Series: Lloyd’s arbitration law library: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315271101-14.

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Bunni, Nael G., and Lydia B. Bunni. "The 2017 FIDIC forms of contract – White, Red, Yellow and Silver Books." In Risk and Insurance in Construction, 358–70. 3rd ed. London: Routledge, 2021. http://dx.doi.org/10.1201/9781003222514-11.

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Bunni, Nael G., and Lydia B. Bunni. "Risk and insurance clauses of the new 2017 FIDIC forms of contract – Clauses 17, 18 and 19." In Risk and Insurance in Construction, 371–99. 3rd ed. London: Routledge, 2021. http://dx.doi.org/10.1201/9781003222514-12.

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Jaeger, Axel-Volkmar, and Götz-Sebastian Hök. "FIDIC Contract Documents." In FIDIC - A Guide for Practitioners, 125–76. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-02100-8_7.

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Glover, Jeremy. "The FIDIC contract." In Architect’s Legal Handbook, 221–24. Tenth edition. | Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9780429279546-22.

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Edison, J. C. "FIDIC conditions of contract." In Infrastructure Development and Construction Management, 159–92. Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.1201/9781003055624-7.

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Conference papers on the topic "FIDIC forms of contract"

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Čulo, Ksenija, and Vladimir Skendrović. "Application of FIDIC general conditions in transport infrastructure projects in Croatia." In 6th International Conference on Road and Rail Infrastructure. University of Zagreb Faculty of Civil Engineering, 2021. http://dx.doi.org/10.5592/co/cetra.2020.1071.

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Infrastructure is a broad term encompassing a wide range of facilities from roads and railway lines to wind, waste and water projects, oil and gas facilities, pipelines and processing plants. Whilst infrastructure construction contracts have key provisions in common, there is no one standard form that fits all projects. Any standard form will need to be tailored to suit the demands of the projects, the risk profile of the parties and comply with the legal jurisdiction of the contract and project location. Increasingly contractors are enhancing their expertise and working on infrastructure projects internationally. As a result, the forms of construction contracts used are becoming more standardized. Nowadays, FIDIC forms of contract are intended to be suitable for projects carried out around the world by all types of employers with the extensive support of large investors such as the World Bank or the European Union. The terms of the Conditions of Contract for Construction have been prepared by the Fédération Internationale des Ingénieurs-Conseils (FIDIC). Two most frequently used FIDIC models of construction contracts are Conditions of Contract for Construction (known as Red Book) and Conditions of Contract for Plant and Design-Build (known as Yellow Book). These general conditions are also used as contract conditions in Croatia for public procurement of transport infrastructure projects. The use of FIDIC General Conditions of Contract in the realization of transport infrastructure construction works in Croatia is presented in the paper.
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Perera, C., and R. Palliyaguru. "Adapting the standard forms of contract to minimize the contractual effects of COVID-19 on construction projects." In 10th World Construction Symposium. Building Economics and Management Research Unit (BEMRU), University of Moratuwa, 2022. http://dx.doi.org/10.31705/wcs.2022.7.

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The construction industry is a major economic driver in Sri Lanka. However, the construction industry was significantly affected by the responses made by the Sri Lankan government to prevent the spread of the COVID-19 pandemic. The effects of those government responses on construction projects are diverse as time, cost, and qualityrelated impacts. These effects resulted in numerous contractual effects that were mostly to be dealt with reference to the provisions made in the standard forms of contracts such as ICTAD/SBD/02 and FIDIC 1999 in Sri Lanka. Since no similar pandemic has affected Sri Lanka at this magnitude before, neither ICTAD/SBD/02 nor FIDIC 1999 have been drafted giving due consideration to such exceptional circumstances. Furthermore, no studies that researched these kinds of aspects can be found in the existing literature. Hence, this research aims to explore the effects of the responses made by the Sri Lankan government to prevent the spread of the COVID-19 pandemic on the construction industry and the possible adaptations of standard forms of contracts to address the contractual implications of those effects to mitigate the effects on the contractual parties in both building and civil engineering projects. A desk review was carried out to identify the existing provisions of ICTAD/SBD/02 and FIDIC 1999 to overcome the effects of pandemic situations, and three case studies, including two building projects and one civil engineering project, were used for the empirical data collection. Representing contractors, consultants, and employers, twelve semi-structured interviews were conducted within the three case studies. The research findings reveal that a collaborative approach with cost and time-sharing is the best approach to address the effects of a pandemic situation. Furthermore, defining terminologies, developing transparency in contractual relationships, and establishing an equal assessment basis can all aid in the contractual development of the ICTAD/SBD/02. As a result, the study suggests improving documentation practices, developing guidelines for amicable settlement, and eliminating the adversarial effects of ICTAD/SBD/02 through an equal assessment process. Thus, this research contributes to the further development of ICTAD/SBD/02 while also improving Sri Lankan building and civil engineering projects by reducing contractual issues in future pandemics.
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Bidua, Abhishek Kumar. "Use of FIDIC 2017 as Standard Form of Contract for EPC Projects in Oil and Gas Industry." In Abu Dhabi International Petroleum Exhibition & Conference. Society of Petroleum Engineers, 2018. http://dx.doi.org/10.2118/193243-ms.

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Mortimer-Hawkins, M. "FIDIC Yellow and Orange Books as used in international procurement." In IEE Colloquium on How to Operate Standard Form Contracts Successfully. IEE, 1995. http://dx.doi.org/10.1049/ic:19951290.

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Mao, Yihua, and Qingcheng Li. ""Breach of Contract" under FIDIC Conditions of Contract for Civil Engineering Construction." In 2010 International Conference on Management and Service Science (MASS 2010). IEEE, 2010. http://dx.doi.org/10.1109/icmss.2010.5576080.

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Guo, Zhanglin, and Yuli Sun. "Study on Contract Conditions of Natural Disasters Based on FIDIC Criterion." In 2010 International Conference on Management and Service Science (MASS 2010). IEEE, 2010. http://dx.doi.org/10.1109/icmss.2010.5576903.

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Wang, Jia-Ding. "The Duality of the Engineer as Contractor Administrator under FIDIC Contract Conditions." In 2015 International Conference on Advanced Material Engineering. WORLD SCIENTIFIC, 2015. http://dx.doi.org/10.1142/9789814696029_0046.

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Ağaoğlu, Cahit. "Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01954.

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FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that the adoption of the FIDIC Rules by the domestic laws of the parties has not yet reached the desired stage. Aside from the fact that arbitral awards are confronted with public authority during the enforcement phase, there are also difficulties of parallel proceedings that national courts have resorted to legal proceedings although there is an agreement involving arbitration clauses. The protection of the investor, the equitable treatment of the investor and the protection against expropriation are all on the agenda and a direct link can be established between FIDIC and Bilateral Investment Treaties.
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Rogers, John R. "Using global synthesis to find tolerance-insensitive design forms." In Contract Proceedings 2006, edited by G. Groot Gregory, Joseph M. Howard, and R. John Koshel. SPIE, 2006. http://dx.doi.org/10.1117/12.692251.

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Mu, Xiangni. "Research on Training Strategies of Foreign Engineering Professionals based on English FIDIC Contract Conditions." In Proceedings of the 3rd International Conference on Economics and Management, Education, Humanities and Social Sciences (EMEHSS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/emehss-19.2019.63.

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Reports on the topic "FIDIC forms of contract"

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Phillips, Jake. Understanding the impact of inspection on probation. Sheffield Hallam University, 2021. http://dx.doi.org/10.7190/shu.hkcij.05.2021.

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This research sought to understand the impact of probation inspection on probation policy, practice and practitioners. This important but neglected area of study has significant ramifications because the Her Majesty’s Inspectorate of Probation has considerable power to influence policy through its inspection regime and research activities. The study utilised a mixed methodological approach comprising observations of inspections and interviews with people who work in probation, the Inspectorate and external stakeholders. In total, 77 people were interviewed or took part in focus groups. Probation practitioners, managers and leaders were interviewed in the weeks after an inspection to find out how they experienced the process of inspection. Staff at HMI Probation were interviewed to understand what inspection is for and how it works. External stakeholders representing people from the voluntary sector, politics and other non-departmental bodies were interviewed to find out how they used the work of inspection in their own roles. Finally, leaders within the National Probation Service and Her Majesty’s Prisons and Probation Service were interviewed to see how inspection impacts on policy more broadly. The data were analysed thematically with five key themes being identified. Overall, participants were positive about the way inspection is carried out in the field of probation. The main findings are: 1. Inspection places a burden on practitioners and organisations. Practitioners talked about the anxiety that a looming inspection created and how management teams created additional pressures which were hard to cope with on top of already high workloads. Staff responsible for managing the inspection and with leadership positions talked about the amount of time the process of inspection took up. Importantly, inspection was seen to take people away from their day jobs and meant other priorities were side-lined, even if temporarily. However, the case interviews that practitioners take part in were seen as incredibly valuable exercises which gave staff the opportunity to reflect on their practice and receive positive feedback and validation for their work. 2. Providers said that the findings and conclusions from inspections were often accurate and, to some extent, unsurprising. However, they sometimes find it difficult to implement recommendations due to reports failing to take context into account. Negative reports have a serious impact on staff morale, especially for CRCs and there was concern about the impact of negative findings on a provider’s reputation. 3. External stakeholders value the work of the Inspectorate. The Inspectorate is seen to generate highly valid and meaningful data which stakeholders can use in their own roles. This can include pushing for policy reform or holding government to account from different perspectives. In particular, thematic inspections were seen to be useful here. 4. The regulatory landscape in probation is complex with an array of actors working to hold providers to account. When compared to other forms of regulation such as audit or contract management the Inspectorate was perceived positively due to its methodological approach as well as the way it reflects the values of probation itself. 5. Overall, the inspectorate appears to garner considerable legitimacy from those it inspects. This should, in theory, support the way it can impact on policy and practice. There are some areas for development here though such as more engagement with service users. While recognising that the Inspectorate has made a concerted effort to do this in the last two years participants all felt that more needs to be done to increase that trust between the inspectorate and service users. Overall, the Inspectorate was seen to be independent and 3 impartial although this belief was less prevalent amongst people in CRCs who argued that the Inspectorate has been biased towards supporting its own arguments around reversing the now failed policy of Transforming Rehabilitation. There was some debate amongst participants about how the Inspectorate could, or should, enforce compliance with its recommendations although most people were happy with the primarily relational way of encouraging compliance with sanctions for non-compliance being considered relatively unnecessary. To conclude, the work of the Inspectorate has a significant impact on probation policy, practice and practitioners. The majority of participants were positive about the process of inspection and the Inspectorate more broadly, notwithstanding some of the issues raised in the findings. There are some developments which the Inspectorate could consider to reduce the burden inspection places on providers and practitioners and enhance its impact such as amending the frequency of inspection, improving the feedback given to practitioners and providing more localised feedback, and working to reduce or limit perceptions of bias amongst people in CRCs. The Inspectorate could also do more to capture the impact it has on providers and practitioners – both positive and negative - through existing procedures that are in place such as post-case interview surveys and tracking the implementation of recommendations.
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User Guide for Procurement of Works: Standard Bidding Document (FIDIC Red Book (2017)). Asian Development Bank, October 2022. http://dx.doi.org/10.22617/tim220342-2.

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This publication provides guidance for borrowers on how to prepare a bidding document for an admeasurement (unit price) type of works contract using FIDIC Red Book (2017) general terms and conditions. It also covers how to evaluate bids and award contracts, based on the Asian Development Bank’s Standard Bidding Document for the Procurement of Works for cases “with” and “without” prequalification. The SBDs make use of the Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer (“Red book”) Second edition 2017, published by the Fédération Internationale des Ingénieurs-Conseil (FIDIC). This guide applies to projects governed by the Procurement Regulations for ADB Borrowers: Goods, Works, Nonconsulting and Consulting Services (2017), as amended from time to time).
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