Journal articles: '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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Lendo-Siwicka, Marzena, Katarzyna Pawluk, Roman Trach, and Paulina Żerek. "Rozliczenia wprowadzonych zmian na Kontrakcie inwestycji infrastrukturalnych w oparciu o Warunki Kontraktowe FIDIC- studium przypadku." Przegląd Naukowy Inżynieria i Kształtowanie Środowiska 27, no. 3 (September 20, 2018): 387–86. http://dx.doi.org/10.22630/pniks.2018.27.3.38.

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The article presents a settlement analysis of introduced changes in the example infrastructure investment. The procedure of introduced the Change Command and the Engineer's Instruction on the Construction contract, as well as examples of the Change Commands given by the Engineer on the analyzed object were presented. The study covered the settlement of a road investment, based on compliance with expressway parameters. The analyzed object was very composed, thus has an extended bill of quantities and cost estimate. In accordance to such an extended cost estimate for this investment, it was important to establish an appropriate and fast flow of settlement documents. Moreover, changes in the project documentation and settlement based on the Contract Conditions for the Construction for Engineering - Construction Works designed by the Employer - the so-called. & quot;Red Book& quot; was showed. The studies discussed the cases of settlement of increased quantities, new entry items and replacement construction works that occurred on the analyzed investment, as well as examples of a sample settlement documents. The authors of this studies conclude that the introduction of the Engineer in the early stages of the investment process and the overall FIDIC procedures help establish sample forms, development of working out procedures and document flow schemes, including a settlement documents. In consequence they minimize the costs of addition, replacement, and abandoned works and reduce the time of the investment realization.

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Ostrynskyi, Vladyslav, Nataliia Nykytchenko, Iryna Sopilko, Viacheslav Krykun, and Vitalii Mykulets. "EPC-contracts using in renewable energy: Legal and practical aspect." Revista Amazonia Investiga 11, no. 52 (May 29, 2022): 309–17. http://dx.doi.org/10.34069/ai/2022.52.04.33.

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The relevance of the article is connected with the rapid growth of investor`s interest in the project implementation of renewable power plant construction, through the conclusion of so-called EPC-contracts because Ukrainian legislation can’t properly keep up to carry out legal regulation of the public relations, which forces business to use foreign jurisdiction rules or standard contract forms developed by specialized international organizations with a purpose for project implementation. The purpose of the study is clarification of the main features of the capital construction of renewable facilities in Ukraine through the conclusion of EPC- contracts and the problems of current adaptation of legislation according to the best world practices. The main research methods are comparative law research and logical law method, the first of which allows to compare and identify common and distinctive features which are inherent for Ukrainian law and provisions of EPC-contracts which were designed by International Federation of Consulting Engineers (hereinafter – FIDIC), the second one helps to logical study of the legal rules and avoidance of contradictions during conclusion and execution of contracts. The results of the study will be useful for practicing lawyers who support renewables power plant construction projects as well as for scientists who study public relations in the field of capital construction.

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Nykytchenko, Nataliia, and Vladyslav Ostrynskiy. "Problems of the law choice and its limitations while EPC-contracts concluding." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 218–23. http://dx.doi.org/10.36695/2219-5521.2.2020.38.

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Due to the rapid development of social relations in Ukraine, national legislation can`t keep up to regulate them properly, whichforce businesses to use the rules of foreign jurisdictions or the pro-forms of international specialized organizations to carry out the cont -ractual transactions more frequently. The article provides examples of how the complex contractual relations are governed in practiceand how the businesses are forced to protect its interests while entering into EPC-contracts.The authors have researched the emergence of the contract templates, which were created by International Federation of ConsultingEngineers (FIDIC) and the way to use such templates according to Ukrainian law. Also, the article analyzes application of certainprovisions of the economic and civil legislation, which are reflected in EPC-contracts. Individual cases that were considered by theInternational Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine were analyzed as well.There is substantiated the opinion that regarding to provision of the contractual limitation of obligations for the actual losses feesand damages caused to economic entities as well as the possibility to freely use the international organizations pro-form in case whenits provisions do not contradict the imperative norms of the Ukrainian legislation and the principles of economic management inUkraine. Also, article analyzes how the choice of law can be made while concluding an EPC contract. The authors presented their theseson how the provisions of the EPC contract should be harmonized with the norms of national legislation.The authors support theory of Dépeçage to introduce a number of protective provisions, which include the existence of mandatoryrules in the legal system of a state, which would make it impossible to circumvent the law, and contain reservations about public order.This research shows that there is an opportunity to gain many advantages by the application of the theory of Dépeçage in EPC-cont racts.

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Salah, Salah Aldeen. "Analyzing Engineering-Related Delays Using Quality Function Deployment in Construction Projects." Civil Engineering Journal 6, no. 9 (September 1, 2020): 1779–97. http://dx.doi.org/10.28991/cej-2020-03091582.

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This paper presents a methodology for analyzing engineering-related delays in construction projects using Quality Function Deployment (QFD). The steps of the QFD technique are combined in the quality and control policy. A reference matrix based on the literature review is constructed with engineering delays and a survey of all parties involved in construction projects. The QFD matrix aids in identifying the most significant reasons for delays and claims in the construction projects. For the identified reasons, solutions have been developed to limit or reduce them. The mean sources of construction delays include engineering, construction, financial/economic, management/administrative, and force majeure. This paper presents a knowledge-based QFD technique dedicated to engineering-related delays. Three categories of Engineering-related delays are considered in the proposed system. These categories are 1) design development, 2) workshop drawings, and 3) project party’s changes delays. The knowledge of the QFD matrix is acquired from literature, Federation International des Ingenious - Conseils (FIDIC) contract forms, domain experts, as well as a questionnaire survey. Three classes of participants (i.e., consultants, contractors, and Employers) have been approached to get their feedback on the cases of engineering-related delays. The proposed approach helps to limit or reduce delays in construction projects caused by the engineer. Accordingly, it was concluded to the most important reasons that led to the delay of construction projects related to the engineer, using QFD.

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Vilkonis, Arvydas. "SELECTION OF STANDARD CONSTRUCTION CONTRACTS MODEL AND CONTRACT PURCHASE PRICING." Mokslas - Lietuvos ateitis 14 (January 25, 2022): 1–6. http://dx.doi.org/10.3846/mla.2022.16054.

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The aim of the research is to determine for a contract’s “Design and construction works of Vilnius city wastewater treatment plant” the most suitable variant of the combination of the FIDIC standard construction contract model and the purchase pricing of contract works using the SAW. Based on expert assessments, a matrix of possible solutions is formed by interviewing 8 experts (4 public procurement specialists and 4 civil engineers). Calculations have shown that the most appropriate combination of the FIDIC standard construction contract model and contract purchase pricing is the FIDIC Yellow Book and fixed price pricing. The obtained research results mainly reflect the essence of the FIDIC Yellow Book, assessing the specifics of the contract and the complexity of the planned works.

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Wen, Zhen, and Qi Lan Zhou. "Some Suggestions for China Construction Project Investment Control Present Situation Based on FIDIC Contract." Applied Mechanics and Materials 209-211 (October 2012): 1294–97. http://dx.doi.org/10.4028/www.scientific.net/amm.209-211.1294.

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FIDIC contract terms content is quite widespread, it cover project management, technology, economy, law, insurance and so on. It is a normative document been revolve around construction project consultation and management. FIDIC made very detailed regulations to construction management three fields (investment control, quality control and progress control) from law, management, economy, technology and other fields. FIDIC had been became internationally recognized standardization document. It could be use every stage of construction management. This paper through analyze FIDIC contract and combine current construction management state,finally give some advices for construction management.

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Sanni, A. G., O. J. Adebiyi, and N. V. Okorie. "RESIDUAL RISKS OF PAYMENT PROVISIONS IN FIDIC AND JCT CONDITIONS: A QUANTITY SURVEYOR’S VIEW." Open Journal of Physical Science (ISSN: 2734-2123) 1, no. 1 (March 10, 2020): 26–40. http://dx.doi.org/10.52417/ojps.v1i1.87.

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The obligee and obligor of all cost-related commitments in construction contracts are governed by the conditions of contract. Like in all human engagements, risk is inevitable in construction contracts. This exploratory overview examined residual risks associated with payment provisions in Federation Internationale Des Ingenieurs-Consiels (FIDIC) and Joint Contracts Tribunal (JCT) conditions of contract in Nigerian construction industry. The selected payment provisions were advance payment, interim valuation, retention and final payment. The methodology comprises: (i) critical examination of payment provisions, (ii) scenario building of problem situations, (iii) assessing the sensitivity of the provisions to contractual conflict, and (iv) evaluating the effect on construction cost administration. Disbursement and amortization of Advance payment in FIDIC are more secured than JCT. Interim valuation in FIDIC allows the contractor to make claims for delayed issuance of interim certificate but FIDIC does not give the contractor such right because all application for payments must be made by the contractor to the engineer. It would take a contractor in FIDIC-based contract a longer time for maturity of final payment than in JCT-based contract. It is recommended that a contractor in FIDIC-based contract should get retention bond in lieu of deduction of retention money to enhance its liquidity. Sanni, A. G. | Department of Quantity Surveying, University of Benin (UNIBEN), Benin City, Nigeria.

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Simanjuntak, Johan Oberlyn, Bartholomeus, Salomo Simanjuntak, Partahi Lumbangaol, and Astri Agnes. "ANALISA KONTRAK PROYEK KONSTRUKSI DI INDONESIA." Jurnal Visi Eksakta 2, no. 2 (July 30, 2021): 205–14. http://dx.doi.org/10.51622/eksakta.v2i2.394.

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The contract is a very importand document in the project. Contract are seen as laws that must be obeyed, govern and control the rights and obligations between service users and service providers in the project. In world of construction in Indonesia, the standard used for contract documents must be based on Law No.2 of 2017 on construction services as a guide and guidance in constructions activities in Indonesia. In the international world, FIDIC documents has long been recognized, which is a contractual rule that has been used by many countries. FIDIC has also been widely adapted to government and private projects in Indonesia. The first analysis is to identify the contract documents used in several project in North Sumatera region. This analysis shows that the FIDIC red book document is the most suitable document to be used in several project in North Sumatera. The second analysis is comparing the FIDIC document and the analysis shows that the contract document that best matches the points in the questionnaired is Law No. 2 of 2017 on construction services. From the analysis of the previous discussion a conclusion was drawn regarding the philosophy of the work contract discussed was the type of unit price contract based on.

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Putra, Sevren Buana, and Sarwono Hardjomuljadi. "ANALISIS PEMILIHAN MODEL KONTRAK KONSTRUKSI PEKERJAAN PEMBANGUNAN PEMBANGKIT LISTRIK (FIDIC RAINBOW CONTRACT 2017)." Konstruksia 11, no. 2 (July 10, 2020): 33. http://dx.doi.org/10.24853/jk.11.2.33-45.

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Dalam melaksanakan pekerjaan pembangkit diharuskan ada suatu kontrak konstruksi yang dapat menghargai semangat keadilan atau keseimbangan antara hak dan kewajiban serta mudah diinterpretasikan oleh para pihak. Makalah ini terdiri dari perbandingan In-House Form of General Conditions of Contract in Indonesia terhadap Model Kontrak FIDIC conditions of contract for EPC/Turnkey. Selain itu bertujuan untuk menganalisis penyebab utama klaim yang sering terjadi pada proyek konstruksi pembangkit listrik di Indonesia. Kemudian mencocokkan penyebab klaim pada In-House Form of General Conditions of Contract, yang kemudian dibandingkan dengan FIDIC conditions of contract for EPC/Turnkey. Metodologi yang digunakan untuk menentukan penyebab klaim tertinggi adalah Relative Important Index (RII), kemudian untuk analisis perbandingannya digunakan Metodologi Comparative. Berdasarkan hasil analisis faktor, ditemukan sepuluh faktor dominan yang menyebabkan klaim di pekerjaan pembangkit, dengan tiga tertinggi : 1) Variation Order, 2) Defective Works, 3) Changes in Scope of Work. Hasil analisis menunjukkan bahwa FIDIC conditions of contract for EPC/Turnkey adalah kontrak yang paling efisien, adil, dan seimbang terhadap manajemen klaim. Berdasarkan hasil penelitian, disarankan untuk mengadopsi model kontrak FIDIC karena memiliki keuntungan pada sebagian besar aspek sebagai model kontrak konstruksi Indonesia.

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Winata, Eduardus Gerald, and Sarwono Hardjomuljadi. "ANALISIS KLAUSULA KONTRAK YANG TERKAIT DENGAN KLAIM PADA FIDIC CONDITION OF CONTRACT 1999." Jurnal Muara Sains, Teknologi, Kedokteran dan Ilmu Kesehatan 5, no. 2 (October 30, 2021): 501. http://dx.doi.org/10.24912/jmstkik.v5i2.12195.

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Construction contracts are used in all construction works. Indonesia has entered an era of development where infrastructure development activities are increasing. The ever-increasing development attracts foreign investors to come and establish cooperative relationships. The contract agreements used are international contracts, one of which is FIDIC. However, there are often claims that lead to disputes when using this condition of contract. Therefore, research is needed to identify the clauses in the FIDIC Red Book 1999 which are related to claims by contractors, and it is also necessary to know the clauses that cause disputes in Indonesia due to FIDIC contracts. The study was conducted using primary data sources derived from surveis with questionnaires and secondary data sources derived from court decisions. The questionnaire in this study consisted of 23 questions and used a Likert scale 5 . The data was processed by factor analysis method to determine the dominant factor causing the claim. Data processing was carried out with the help of SPSS v26.0 software, and produced 7 dominant clauses causing contractor claims in the FIDIC Red Book, namely: 1) 8.4 Extension of Time for Completion; 2) 11.8 Contractor to Search; 3) 17.1 Indemnities; 3) 7.4 Testing; 4) 8.9 Consequences of Suspension; 5) 14.8 Delayed Payment; and 7) 4.12 Unforeseeable Physical Conditions. Frome the secondary data found the clauses causing disputes in Indonesia due to FIDIC contract were found namely: 1) 2.1 Right of Access to the Site; 2) 4.10 Site Data; 3) 4.12 Unforeseeable Physical Conditions; 4) 8.2 Time for Completion; 5) 8.4 Extension of Time for Completion; and 6) 8.7 Delay Damages. Keywords: factor analysis; Contractor claims; construction contracts; FIDIC Red Book AbstrakKontrak konstruksi digunakan dalam semua pekerjaan konstruksi. Indonesia telah memasuki zaman pembangunan dimana kegiatan pembangunan infrastruktur semakin meningkat. Pembangunan yang terus meningkat menarik investor asing untuk datang dan menjalin hubungan kerja sama. Perjanjian kontrak yang digunakan tentu berstandar internasional, salah satunya FIDIC. Akan tetapi sering terjadi klaim yang berujung sengketa ketika menggunakan standar kontrak tersebut. Maka dari itu dibutuhkan penelitian yang membahas klausula didalam FIDIC Red Book 1999 yang terkait dengan klaim oleh kontraktor, dan perlu diketahui juga klausula yang menyebabkan sengketa di Indonesia dalam kontrak FIDIC. Penelitian dilakukan menggunakan sumber data primer yang berasal dari survei dengan kuesioner dan sumber data sekunder yang berasal dari keputusan pengadilan. Kuesioner dalam penelitian ini terdiri dari 23 butir pertanyaan dan menggunakan skala Likert 5. Data diolah dengan metode analisis faktor untuk menentukan faktor dominan penyebab klaim. Pengolahan data dilakukan dengan bantuan softtware SPSS v26.0, dan didapatkan 7 klausula dominan penyebab klaim kontraktor pada FIDIC Red Book yaitu: 1) 8.4 Perpanjangan Waktu Penyelesaian; 2) 11.8 Penyelidikan oleh Kontraktor; 3) 17.1 Pemberian Ganti Rugi; 3) 7.4 Pengujian; 4) 8.9 Konsekuensi Penghentian; 5) 14.8 Keterlambatan Pembayaran; dan 7) 4.12 Kondisi Fisik yang Tidak Dapat Diperkirakan Sebelumnya. Dari data sekunder ditemukan Klausula penyebab sengketa dalam kontrak FIDIC Red Book tahun 1999 di Indonesia adalah: 1) 2.1 Hak untuk Memasuki Lapangan; 2) 4.10 Data Lapangan; 3) 4.12 Kondisi Fisik yang Tidak Dapat Diperkirakan Sebelumnya; 4) 8.2 Waktu Penyelesaian; 5) 8.4 Perpanjangan Waktu Penyelesaian; dan 6) 8.7 Denda Keterlambatan.

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Al-Matarneh, Shams. "Reasons for delay in construction projects in the municipality of Aiy." International Journal of Engineering and Artificial Intelligence 3, no. 4 (December 1, 2022): 8–20. http://dx.doi.org/10.55923/jo.ijeal.3.4.104.

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The research aimed to study the causes and difficulties that beset the process of executing construction projects, by studying the provisions of the standard contracting contract FIDIC, which is used by the Ministry of Public Works and other public institutions in Jordan, whether the fourth edition of it or the 99th edition, noting that the unified contracting contract book for the year 1996 is It is only the FIDIC contract with its fourth edition and its amendments. Also, this study aims to clarify the causes and these difficulties and to indicate the solutions that can be proposed to avoid these difficulties. The study recommended the following:

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Lina, Chen. "Role of Engineer under FIDIC Form Contract." Journal of Professional Issues in Engineering Education and Practice 123, no. 2 (April 1997): 48–50. http://dx.doi.org/10.1061/(asce)1052-3928(1997)123:2(48).

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Varavenko, Victor Evgenyevich. "Prospects of application of typical agreements of International Federation of Consulting Engineers (FIDIC) in Russia in the practice of public procurement." Право и политика, no. 8 (August 2020): 8–17. http://dx.doi.org/10.7256/2454-0706.2020.8.33009.

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The subject of this research is the general terms of three standard contracts set by International Federation of Consulting Engineers (FIDIC) in 2017 – conditions of contract for engineering, construction and installation works designed by the contractor; conditions of contract for engineering, construction and installation works designed by the employer; conditions of contract for “turnkey projects” and norms of the Federal Law “On contractual system in the sphere of procurement, works, and services for state and municipal needs; as well as bylaws in the area of public procurement and urban development, which regulate the establishment and change of conditions of construction contracts regarding the types and volume of works, their cost and deadline. The novelty of this research consists in the fact that the conditions of standard FIDIC contracts are analyzed in comparison with the current legislation of the Russian Federation on regulation of public procurement. The conducted comparison revealed discrepancies in the legal regimes of contractual relations emerging thereof. The law establishes rigid requirements to agreeing and setting conditions on the source, cost and completion time of works which impede differentiation of the level of their detailing in contract documentation, and thus the creation of a favorable environment for implementation of investment and construction projects. Excessively rigid rules of public procurement legislation pertaining to the changes of contract terms block the action of risk management procedures enshrined in the FIDIC standard contracts. As a result, the parties are not able to respond adequately and promptly to the impact of external and internal factors that affect project environment. A conclusion is made on impossibility of mutually agreed terms of application of FIDIC standard contracts and Russian legislation on public procurement without making substantial amendments to the content of standard contracts.

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KOTB, Moustafa, Mohamed Ibrahim Abdel Razik, and Reda Abbass Sabry. "FIDIC General Conditions / Payments Clause FIDIC refers to (Fédération Internationale Des Ingénieurs Conseils)." Asian Business Research 2, no. 3 (November 21, 2017): 53. http://dx.doi.org/10.20849/abr.v2i3.225.

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For any international construction project, Contract is one of the major documents for construction industry. FIDIC General Conditions are the most common used all over the world. Payments term is very important clause and all the project team members need to be aware completely about it. Thus, this paper is considering illustrated payments clauses by flow chart technique to ensure that all the engineers are handling easily those terms.Without real understanding of those clauses usually the project will get cash flow tribbles.

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Chen, Chuan, Can Hui Jiang, and Hong Jiang Li. "Modification to the FIDIC Silver Book in a Buyers Market Context: A Case Study of the Hai Phong Power Plant II Project." Applied Mechanics and Materials 357-360 (August 2013): 2498–504. http://dx.doi.org/10.4028/www.scientific.net/amm.357-360.2498.

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With more and more emerging contractors from developing economies struggling to enter the global market eagerly pursuing new jobs, both incumbent and new entrants have to confront a fierce market competition and suffer from a declining bargaining power when dealing with the owner. FIDIC contract conditions, although originally formulated to provide a relatively fair baseline in construction transaction setting are then often modified in favor of the owner in practice. This study identified and classified modifications in the turnkey contract of the Hai Phong Power Plant II project located in Hai Phong, Vietnam and assessed these modification categories in terms of frequency and risk allocation. The case study provided evidence and lessons-learned in association with contract modification and redesign regarding the widely applied FIDIC Silver Book conditions for academics, practitioners and professional associations involved in international construction business.

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Dąbrowska, Agnieszka. "Analysis of the FIDIC arbitration clause in the light of international jurisprudence." ASEJ Scientific Journal of Bielsko-Biala School of Finance and Law 23, no. 1 (April 30, 2019): 27–30. http://dx.doi.org/10.5604/01.3001.0013.2655.

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The aim of the paper is to present the subject matter related to the procedure of resolving disputes arising in connection with implementation of agreements concluded on the basis of contract models published by the international federation FIDIC in 1999 Red and Yellow Book. The intention of the authors of the FIDIC templates was to apply an autonomous multistage procedure (the so-called multi-step clause) for resolving disputes based on arbitration without taking the matter to court. However, the application of the procedure proposed by FIDIC raises controversies of legal and factual nature. The problems concern, in particular: the nature, immediate enforceability, contestability of decisions issued by the Dispute Adjudication Board (DAB) and methods of their reinforcement. Other issues concern the absence of ‘standing’ or ‘full-term’ Adjudication Board and the right to arbitration in case when a party violates the internal dispute resolution procedure described in the contract, both for reasons dependent on and beyond its control. The publication is of legal and comparative nature and contains the analysis of related jurisprudence of civil law systems of selected countries.

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Guo, Zhang Lin, Ya Zhen Hu, and Jun E. Liu. "The Analysis of Contractor’s Risk Clause Based on the FIDIC Construction Contract." Applied Mechanics and Materials 687-691 (November 2014): 4815–18. http://dx.doi.org/10.4028/www.scientific.net/amm.687-691.4815.

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Contractors for the construction of the risk in the contract clause clear analysis is an important content of construction project risk management. Based on the 1999 edition of FIDIC contract conditions for construction of the demonstration text as the research object, according to the risk and responsibility on the contractor risk clause matching principle clear classification. To provide the contractor some experience for reference which the contractor could better control of engineering project contract risk.

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Zhou, Yi Hong, and Wei Tan. "Study on Construction Claim for International Project Based on Contract Status Analysis." Applied Mechanics and Materials 174-177 (May 2012): 3356–59. http://dx.doi.org/10.4028/www.scientific.net/amm.174-177.3356.

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Claim management is the most important content in international contract management. Contract status is a significant way to identify claim opportunity and calculate claim value. In this paper, firstly, the nature of construction claim was disclosed by contract status analysis under FIDIC Conditions. Secondly, how to calculate claim value by contract status analysis was studied and finally it was proved by an engineering practice. It is indicated that contract analysis is a feasible way to identify claim opportunity and calculate claim value. It can provide references for the further engineering practices.

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Li, Dezhi, Huiyan Zhang, and Xuehua Fang. "The deficiency of dispute settlement mechanism seen in Chinese construction field from FIDIC." MATEC Web of Conferences 251 (2018): 05022. http://dx.doi.org/10.1051/matecconf/201825105022.

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Since formally introduced the friendly Amicable Settlement mechanism in 1987, FIDIC’ s efforts to promote and improve the alternative dispute settlement mechanism for construction work have been greatly developed. The current laws and regulations in China on alternative dispute resolution mechanisms for construction disputes are not perfect, and the newly revised “Conditions of contract for Construction” (GF2017-0201) lacks operability. It is of great significance to improve the dispute settlement mechanism by drawing on the provisions of article 20 of FIDIC (New Red Book), accumulate international experience and develop “One Belt And One Road”.

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Arief, Ediyanto, and Sarwono Hardjomuljadi. "ANALISIS PERBANDINGAN MODEL KONTRAK APBN DAN APBD TERHADAP MODEL KONTRAK FIDIC." Konstruksia 11, no. 2 (July 10, 2020): 8. http://dx.doi.org/10.24853/jk.11.2.8-101.

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Pemerintah Indonesia menginvestasikan ratusan triliun rupiah setiap tahun dalam membangun infrastruktur. Kontrak konstruksi adalah salah satu jaminan untuk memastikan keberhasilan proyek, oleh karena itu klausula-klausulanya harus efisien, adil dan berimbang. Makalah ini terdiri dari perbandingan Syarat-Syarat Umum Kontrak (SSUK) APBN dan APBD terhadap model kontrak FIDIC General Conditions of Contract (GCC) 1999. Selain itu bertujuan untuk menganalisis sepuluh penyebab utama klaim yang sering terjadi pada proyek konstruksi di Provinsi Banten. Kemudian mencocokkan penyebab klaim pada SSUK APBN dan APBD, yang kemudian dibandingkan dengan FIDIC GCC. Metodologi yang digunakan untuk menentukan penyebab klaim tertinggi adalah Relative Important Index (RII). Analisis perbandingan menggunakan Metodologi Multistep. Berdasarkan hasil analisis faktor, ditemukan sepuluh faktor dominan yang menyebabkan klaim di Provinsi Banten, dengan tiga tertinggi : 1) ketersediaan dan kepemilikan lahan kerja, 2) ambigu dalam memaknai klausula kontrak, 3) perubahan desain. Hasil analisis menunjukkan bahwa FIDIC GCC adalah kontrak yang paling efisien, adil, dan seimbang terhadap manajemen klaim. Berdasarkan hasil penelitian, disarankan untuk mengadopsi model kontrak FIDIC karena memiliki keuntungan pada sebagian besar aspek sebagai model kontrak konstruksi Indonesia.

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Gu, Yong Cai, and Wen Di Zhang. "On the Negative Impact of Defects Liability Period." Advanced Materials Research 243-249 (May 2011): 6261–67. http://dx.doi.org/10.4028/www.scientific.net/amr.243-249.6261.

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The "Interim Measures for Construction Quality Margin" gave the provisions on the terms of defect liability period. These provisions have serious negative effects on the construction contract management. This negative effect is manifested in two aspects: firstly, it is difficult for people to distinguish defects liability period, defects notification period in FIDIC contract, and the warranty period in the law. Second is to cause a heavier burden on the contractors. This paper analyzes both the negative impacts and causes.

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Albada, Edward. "CONSIDERATION OF CONTRACTUAL RISKS ASSOCIATED WITH COASTAL AND MARITIME ENGINEERING WORKS." Coastal Engineering Proceedings, no. 36v (December 28, 2020): 18. http://dx.doi.org/10.9753/icce.v36v.management.18.

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Coastal and maritime construction projects are fraught with risks associated with working in or around the sea. Common standard contracts such as those within the FIDIC Red Book do not adequately address the peculiarities associated with this unique environment. This paper will document the major areas of generic contractual risk and uncertainty with regard to coastal and maritime projects through review of literature, case law and other published disputes, as well as personal experience. Through identification and comparison of both the risks associated with these projects and the vulnerability within the standard FIDIC language, recommendations will be made for particular conditions to improve contract wording.Recorded Presentation from the vICCE (YouTube Link): https://youtu.be/1BkXEoaZZow

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Guo, Zhang Lin, and Hua Zhang. "Study of Natural Disasters Contract Conditions Based on the FIDIC Criteria." Applied Mechanics and Materials 238 (November 2012): 558–61. http://dx.doi.org/10.4028/www.scientific.net/amm.238.558.

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In the trend of global warming, storms, hurricanes, high temperature and other extreme weather phenomena occur frequently. In the field of project construction, the assets value of the building is exposed, so the construction projects are very vulnerable to natural disasters causing huge losses. Who bears in the both sides of engineering contract, the reasons and consequences of the loss and the specific responsibilities are ambiguous without clearly defined. This paper states the importance to grasp the principle of appropriate risk sharing and explain both responsibilities clearly in natural disasters, how to choose appropriate method to evaluate the natural disaster risk and select suitable building construction contract.

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Ghahraman, Mohammad, and Masoud Reza Ranjbar Sahrayi. "Nature of Commitment in the General Conditions of FIDIC, Iran Construction Contracts, and Principles of European Law on Service Contracts." Journal of Politics and Law 10, no. 1 (December 29, 2016): 166. http://dx.doi.org/10.5539/jpl.v10n1p166.

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Commitment is a consequence of a contract. Identifying the nature of commitment is very important to achieve it. The question here is that what is the nature of commitment in construction contracts? Is the constructor bound to achieve a result and implement the contract subject, or is his/her effort to implement the contract subject enough? Since performance of the contract subject in construction contracts, which include creating, repairing and reconstructing a building, requires time passing and meeting various secondary commitments by both parties, the issue was studied according to the general conditions of FIDIC (International Federation of Consulting Engineers) contracts, Iranian Organization of Management and Planning and Principles of European Law on Service Contracts.

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Raj, Shekar, Jan‐Bertram Hillig, and Will Hughes. "Responsiveness to change by standard‐form contract drafters in the construction industry." International Journal of Law in the Built Environment 1, no. 3 (October 2, 2009): 205–20. http://dx.doi.org/10.1108/17561450911001261.

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PurposeThe purpose of this paper is to focus on the Fédération Internationale des Ingénieurs‐Conseils (FIDIC) White Book standard form of building contract. It tracks the changes to this contract over its four editions, and seeks to identify their underlying causes.Design/methodology/approachThe changes made to the White Book are quantified using a specific type of quantitative content analysis. The amended clauses are then examined to understand the nature of the changes made.FindingsThe length of the contract increased by 34 per cent between 1990 and 2006. A large proportion of the overall increase can be attributed to the clauses dealing with “conflict of interest/corruption” and “dispute resolution”. In both instances, the FIDIC drafting committees have responded to international developments to discourage corruption, and to encourage the use of alternative dispute resolution. Between 1998 and 2006, the average length of the sentences increased slightly, raising the question of whether long sentences are easily understood by users of contracts.Research limitations/implicationsQuantification of text appears to be particularly useful for the analysis of documents which are regularly updated because changes can be clearly identified and the length of sentences can be determined, leading to conclusions about the readability of the text. However, caution is needed because changes of great relevance can be made to contract clauses without actually affecting their length.Practical implicationsThe paper will be instructive for contract drafters and informative for users of FIDIC's White Book.Originality/valueQuantifying text has been rarely used regarding standard‐form contracts in the field of construction.

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Ustinovičius, Leonas, Algirdas Andruškevičius, Vladislavas Kutut, Robert Balcevič, and Arūnas Barvidas. "VERBAL ANALYSIS OF CONTRACTS OF ENGINEERING AND DESIGN OF BUILDINGS." Technological and Economic Development of Economy 11, no. 1 (March 31, 2005): 36–49. http://dx.doi.org/10.3846/13928619.2005.9637681.

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As Lithuania became a member of the International Federation of Consulting Engineers (FIDIC) in 2004 it is obvious that engineering consultancy activity will grow in the country in the nearest future. The constructural contracts which meet the interests of all the sides involved is the core element of every successful constructural project. That is why the advise how to sign an accurate and effective contract is of great importance. International construction contractors are often faced with the situation of working in unfamiliar construction environment. One potential source of risk is the contractual requirements embodied in the general conditions of contracts.Authors aim to analize constructural contracts used by FIDIC members and define the effectiveness of the contracts using the method of verbal analysis.

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NDEKUGRI, ISSAKA, and BARRY MCDONNELL. "Differing site conditions risks: a FIDIC/engineering and construction contract comparison." Engineering, Construction and Architectural Management 6, no. 2 (February 1999): 177–87. http://dx.doi.org/10.1108/eb021110.

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Anggeriksari, Hari, and Sarwono Hardjomuljadi. "STUDI PARTICULAR CONDITION PADA PROYEK - PROYEK MILIK SWASTA." Konstruksia 11, no. 2 (July 10, 2020): 73. http://dx.doi.org/10.24853/jk.11.2.73-88.

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Sebagian besar kegiatan konstruksi di Indonesia, dilakukan berdasarkan FIDIC Conditions of Contracts. Pada studi ini dibahas mengenai proyek konstruksi yang menggunakan FIDIC Condition of Contract for Construction 1999. Studi ini terdapat kalimat pada klausula-klausula Particular Condition yang mengubah dan menghapus isi dari klausula-klausula General Condition. Maka dari itu diperlukan analisis terhadap Particular Condition pada kontrak. Studi ini dilakukan dengan tujuan untuk mengetahui Klausula-Klausula Particular Condition apa saja yang dominan menimbulkan masalah beserta dengan analisisnya. Studi ini awalnya dengan Literature View lalu dilanjutkan kuesioner menggunakan Skala Likert berskala 6. Analisis faktor dilakukan dengan SPSS 23.0 untuk menemukan Klausula-Klausula Particular Condition yang dominan menimbulkan masalah. Hasil analisis menunjukkan Klausula Particular Condition yang dominan menimbulkan masalah adalah Sub-Clause 1.7 [Assignment], Sub-Clause 1.5 [Priorities of Documents], Sub-Clause 4.6 [Co-Operation], Sub-Clauses 3.1 [Engineer’s Duties and Authority], Sub-Clause - 2.1 [Right of Access to the Site], Sub-Clause 2.2 - [Permits, Licenses, or Approvals], dan Sub-Clause 4.10 - [Site Data]. Analisis menunjukkan bahwa pokok dari Particular Condition seperti yang disarankan dalam lampiran ketentuan kontrak FIDIC, tetap menggunakan klausula-klausula asli tanpa mengubah isinya.

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Xia, Li Ming, and Ran Guo. "Reference to Similar Work in the 99 Version of the FIDIC Construction Contract Change Valuation Methods to Improve Research." Applied Mechanics and Materials 357-360 (August 2013): 2578–83. http://dx.doi.org/10.4028/www.scientific.net/amm.357-360.2578.

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Variations are ubiquitous during the building period of construction projects, and their impact on the cost of projects has been confirmed by theory and practice. Therefore, engineers should determine the rates of variation accurately. Under the Conditions of Contract for Construction (FIDIC 99), the paper studied how to determinate variation rates with reference to similar work, which included defining similar work and determining new rates with reference to similar work.

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Varavenko, Victor Evgenyevich, Natal'ya Aleksandrovna Lyapustina, and Denis Vital'evich Kovalev. "Means of mitigating the risks assigned to the contractor in the EPC contract: the experience of the International Federation of Consulting Engineers and Russian civil legislation." Право и политика, no. 4 (April 2022): 55–65. http://dx.doi.org/10.7256/2454-0706.2022.4.37863.

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The subject of the study is the legal conditions of mitigation (mitigation) of project risks, the bearing of which is assigned to the contractor by the terms of the EPC contract. One of the key features of the EPC contract, an agreement concluded for the implementation of an investment and construction project on a turnkey basis, is the maximum assignment to the contractor of risks associated with the failure to achieve the goals of the project. It is believed that the EPC contractor, as a professional and highly qualified representative of the construction industry, is able to manage project risks more effectively than the customer. The assignment of risk by the terms of the contract proforma to one of the parties implies the need to use organizational, economic and legal means to mitigate (mitigate) the burden of risk. This work is aimed at identifying civil legal means used by the contractor to mitigate the harmful effects of events and actions, the risk of which is assigned to him by the terms of the EPC contract and establishing the possibility of using these means in the conditions of the Russian legal system. Its achievement involves a comparative analysis of the model EPC contract - a model contract of the International Federation of Consulting Engineers for turnkey projects (FIDIC Silver Book 2017) and the norms of Russian civil legislation. В В В В В The results of the study indicate that it is possible in principle to apply the conditions of the 2017 FIDIC Silver Book, which establish means of mitigating the contractor's burden of bearing risks, in the conditions of Russian legislation, taking into account the following exceptions: (1) a security payment cannot be used as a means of mitigating the consequences of non-fulfillment by the contractor of a natural obligation; (2) compensation for property losses cannot be applied in the event of an unlawful claim by the customer for a guarantee of performance of contractual obligations provided by the contractor. The interrelated application of several civil legal means is aimed, ultimately, their application contributes to the achievement of the project goals, which is in the sphere of interests of both parties to the contract.

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FRICK MEIJER, SE, H. SORENSEN, A. NORRIS, NML BARNES, A. CLEAVER, NG BUNNI, RE ALDRED, et al. "FIDIC CONDITIONS OF CONTRACT FOR WORK OF CIVIL ENGINEERING CONSTRUCTION, FOURTH EDITION. SEMINAR." Proceedings of the Institution of Civil Engineers 84, no. 4 (August 1988): 821–36. http://dx.doi.org/10.1680/iicep.1988.186.

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Choi, Sang-Hee, and Yea-Sang Kim. "Priority analysis of dispute factors in overseas construction based on FIDIC contract conditions." KSCE Journal of Civil Engineering 20, no. 6 (November 18, 2015): 2124–33. http://dx.doi.org/10.1007/s12205-015-0174-x.

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Puchalski, Aleksander. "Pozycja prawna Inżyniera kontraktu w świetle warunków kontraktowych FIDIC." Przegląd Ustawodawstwa Gospodarczego 2019, no. 2 (February 20, 2019): 38–45. http://dx.doi.org/10.33226/0137-5490.2019.2.5.

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Lee, JeeHee, Youngjib Ham, June-Seong Yi, and JeongWook Son. "Effective Risk Positioning through Automated Identification of Missing Contract Conditions from the Contractor’s Perspective Based on FIDIC Contract Cases." Journal of Management in Engineering 36, no. 3 (May 2020): 05020003. http://dx.doi.org/10.1061/(asce)me.1943-5479.0000757.

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Dąbrowska, Agnieszka Małgorzata. "Obowiązek działania zgodnie z kontraktem, w duchu wzajemnego zaufania oraz współpracy. Klauzula 10.1 NEC w świetle prawa polskiego." Radca Prawny, no. 1 (30) (May 30, 2022): 68–83. http://dx.doi.org/10.4467/23921943rp.22.006.15808.

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An obligation to act in accordance with a contract, in a spirit of mutual trust and business cooperation. Clause 10.1 of NEC in the light of Polish law This article presents the characteristics of the NEC contracts and an examination of clause 10.1 contained in such contracts. As these publications, as well as the competing FIDIC Conditions of Contract, originate from the Anglo-Saxon legal culture, the article provides a detailed analysis of clause 10.1 of the NECs, which introduces general rules of conduct for the participants with reference to Polish law. The aforementioned clause imposes an obligation on the parties to act in accordance with the contract, in the spirit of mutual trust and business cooperation. The analysis of the concepts present in the clause in question and of the Polish legal doctrine has produced the conclusion that expressing such a standard of conduct explicitly in the NEC template is not needed in Polish jurisdiction due to the correspondence of these rules of conduct with the values and princi-ples governing the national legal system.

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Kim, Seunghyeon, and Seongho Kim. "Liability for Non-performance of Obligations and a Rule of Law for Exemption under International Construction Contract - With Special Reference to Force Majeure Clause of FIDIC Conditions of Contract." Justice 184 (June 30, 2021): 387–431. http://dx.doi.org/10.29305/tj.2021.06.184.387.

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ZHANG, Wenjun, Masamitsu ONISHI, Kiyoshi KOBAYASHI, and Lei SHI. "THE STRUCTURE OF GOVERNANCE FOR CONSTRUCTION CONTRACT IN CHINA: BASED ON THE COMPARATIVE STUDY WITH FIDIC FORM." Journal of Japan Society of Civil Engineers, Ser. F4 (Construction and Management) 72, no. 4 (2016): I_111—I_122. http://dx.doi.org/10.2208/jscejcm.72.i_111.

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Mildred, R. H. "Fidic 4th - a Practical Legal Guide (A Commentary on the International Construction Contract) by E. C. Corbett." Arbitration International 8, no. 3 (September 1, 1992): 303–6. http://dx.doi.org/10.1093/arbitration/8.3.303.

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Jaworski, Bartłomiej. "Applying the 20.1 Sub-Clause of the Fidic Conditions of Contract under Standards of Polish Civil Law." Wroclaw Review of Law, Administration & Economics 7, no. 2 (December 1, 2017): 14–23. http://dx.doi.org/10.1515/wrlae-2018-0014.

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Davis, Richard O. "Advantages of Standard Contract Forms." Journal of Management in Engineering 2, no. 2 (April 1986): 79–90. http://dx.doi.org/10.1061/(asce)9742-597x(1986)2:2(79).

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Journal articles on the topic 'FIDIC forms of contract'

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