FIDIC Contracts Law and Practice
INDEX
INDEX
[All references are to paragraph number.]- Accepted Contract Amount, –
- Access
- ACE Form, Red Book based upon,
- Addenda in FIDIC Contract,
- Advance Payment, Contract Price, –
- Advance payment guarantees, –
- Adverse physical conditions, –
- Affiliate Membership of FIDIC,
- American Council of Engineering Companies, as US Member Association,
- Amicable settlement
- Appendix to Tender (Red and Yellow Books)
- Arbitration
- Commission on International Arbitration Working Group,
- condition precedent to, and amicable settlement, –
- enforcement of DAB (or DB) decision, and, –
- generally, –
- ICC Rules of Arbitration
- International Court of Arbitration, ,
- language of,
- law and seat of, –
- London Court of International Arbitration,
- MDB Book, rules of arbitration and arbitral institution, –
- number of arbitrators, –
- referral of dispute where DAB/DB’s decision not final, –
- rules, institution, tribunal, seat and law, –
- rules of arbitration and arbitral institution, –
- As-built documents
- Asset Replacement scheme
- Associate Membership of FIDIC,
- Associated General Contractors of America, approval and ratification of Red Book,
- Association for Consultancy and Engineering, as UK Member Association,
- Auditing Body, independent compliance audit requirement, –
- Bankruptcy, as grounds for termination
- Base Date, sub-clauses,
- Bill of Quantities
- Blue Green Book (Form of Contract for Dredging and Reclamation Works), , –
- Bonds
- Breach of professional duty, liability for, –
- Bribery, as termination ground, –
- China International and Economic Trade Arbitration Commission (CIETAC),
- Claims
- Combined Dispute Board (CDB), International Chamber of Commerce,
- Commencement of Works, –
- Commissioning Certificates, , , –
- Committees, FIDIC,
- see also Contracts Committee, FIDIC
- Communication and reporting
- Conditions of Contract (FIDIC Contract)
- as document forming Contract,
- example forms for Appendix to Tender/Contract Data,
- General Conditions
- interpretation, –
- Particular Conditions, , –
- amendments to General Provisions in,
- Contract Data, and, ,
- dispute resolution provisions,
- Guidance for the Preparation of Particular
- Conditions, ,
- notes on preparation,
- Particular Conditions—Special Provisions in MDB and Gold Books, and,
- Silver Book, in,
- standard form contracts,
- sub-clauses referring to,
- priority of,
- Conditions of Contract for Electrical and Mechanical Works including Erection on Site (original Yellow Book)
- Conditions of Contract for Works of Civil Engineering Construction (original Red Book)
- see also Red Book (Conditions of Contract for Construction of Building and Engineering Works Designed by the Employer) (Rainbow Series)
- 1st Edition (1957), ,
- 2nd Edition (1969), ,
- 3rd Edition (1977), ,
- 4th Edition (1987)
- features of early editions,
- generally,
- original Yellow Book, and,
- Task Group for Updating of see Task Group for the Updating of the existing Red and Yellow Books
- Confidentiality, amicable settlement,
- Contract, FIDIC, –
- award/formation of Contract, –
- Base Date,
- Conditions see Conditions of Contract (FIDIC Contract)
- definition of ‘contract’,
- documents forming, –
- addenda,
- Appendix to Tender see Appendix to Tender (Red and Yellow Books)
- Conditions of Contract (General and Particular) see Conditions of Contract (FIDIC Contract)
- Contract Agreement see Contract Agreement
- Contract Data see Contract Data
- Contractor’s Proposal see Contractor’s Proposal, in FIDIC Contract
- Drawings,
- FIDIC Contract, of, –
- generally, –
- incorporation of, –
- Letter of Acceptance see Letter of Acceptance
- Letter of Tender see Letter of Tender
- location of contractual information or data in, –
- Memoranda annexed to Letter of Acceptance or Contract Agreement,
- Operating Licence, in FIDIC Contract,
- priority of (Sub-Clause 1.5), –
- Schedules, in FIDIC Contract,
- Specification,
- Tender see Tender in FIDIC Contract
- Employer’s Equipment, defined,
- laws and permissions, applicable see Laws and permissions, applicable
- location of contractual information or data in, –
- Parties, governing of rights, obligations and liabilities of, ,
- priority of documents (Sub-Clause 1.5), –
- Procurement, –
- tender documents, –
- Works (or Section) to be completed in accordance with, –
- Contract administration
- Contract administrator
- see also Contract administration appointment of assistants, –
- appointment of Employer’s Representative, ,
- appointment of Engineer, –
- authority of Engineer/Employer’s Representative, –
- Contractor’s claim, response to, –
- duality of role, –
- Employer as, –, –
- generally, –
- Gold Book
- inadequate performance by, –
- instructions, –
- MDB Book
- prolonged suspension instructed by,
- Red Book
- replacement of Engineer/Employer’s Representative, –
- review of programme by, –
- role, –
- duality of see above
- Silver Book
- Yellow Book
- Contract Agreement
- Contract Completion Certificate, ,
- Contract Data
- Contract Price
- adjustment for changes in Cost
- Advance Payment, –
- Application, Final Payment and Certificate, and Discharge, –
- Asset Replacement scheme
- cessation of Employer’s liability, –
- changes in legislation
- contractual entitlements to adjustments, –
- Daywork Schedule, –14.130
- factors affecting, –
- Gold Book
- adjustment for changes in Cost, –
- Advance Payment,
- Asset Replacement Schedule/Fund, –
- cessation of Employer’s liability,
- changes in legislation, –
- Final Statements and Payment Certificates, –
- generally, , –
- Interim payment application procedure, ,
- Interim Payment Certificates, issue of, –
- Maintenance Retention Fund, –
- Plant and Materials intended for Works, –
- Provisional Sums,
- Schedules of Payments,
- Variations, –
- Interim payment application procedure, –
- Maintenance Retention Fund (Gold Book), –
- making payment
- MDB Book
- adjustment for changes in Cost, –
- Application, Final Payment and Certificate, and Discharge, –
- changes in legislation, –
- contractual entitlements to adjustments,
- Final Payment Certificate, issue of, –
- generally, , –
- Interim Payment Certificates, issue of, –
- Plant and Materials intended for Works, –
- Provisional Sums,
- Schedules of Payments,
- Statement at completion, –
- Variations, –
- measurement
- payment obligation primarily related to, –
- payment of
- Advance Payment, –
- Application, Final Payment and Certificate, and Discharge, –
- Asset Replacement Schedule/Fund (Gold Book), –
- cessation of Employer’s liability, –
- Interim payment application procedure, –
- Interim Payment Certificates, issue of, –
- Maintenance Retention Fund (Gold Book), –
- making and timing of payments, –
- outline of payment mechanism,
- Plant and Materials intended for Works, –
- Schedules of Payments, –
- Statement at completion, –
- Plant and Materials
- Provisional Sums, –
- Red Book
- adjustment for changes in Cost, –
- Application, Final Payment and Certificate, and Discharge, –
- changes in legislation, –
- contractual entitlements to adjustments,
- Daywork Schedule,
- Final Payment Certificate, issue of, –
- generally, , –
- Interim Payment Certificates, issue of, –
- Plant and Materials intended for Works, –
- Provisional Sums,
- Statement at completion, –
- Variations, –
- reduction of, as remedy, –,
- Silver Book
- adjustment for changes in Cost, –
- Advance Payment,
- Application, Final Payment and Certificate, and Discharge, –
- changes in legislation, –
- contractual entitlements to adjustments,
- Daywork Schedule, ,
- final payment, issue,
- generally, ,
- Interim payment application procedure,
- Interim Payment Certificates, issue of, –
- Plant and Materials intended for Works, –
- Provisional Sums,
- Statement at completion, –
- Variations, –
- Statement at completion, –
- timing of payment, Silver Book, –
- Variations, –
- Yellow Book
- adjustment for changes in Cost, –
- Application, Final Payment and Certificate, and Discharge, –
- changes in legislation, –
- contractual entitlements to adjustments,
- Daywork Schedule, ,
- Final Payment Certificate, issue of, –
- generally, , –
- Interim payment application procedure,
- Interim Payment Certificates, issue of, –
- Plant and Materials intended for Works, –
- Variations, –
- Contractor to Employer payments
- Contractor’s claims
- based on events/circumstances with a continuing effect, –
- contemporary records, –
- contract administrator’s response
- cut-off dates for submission of, –
- event or circumstance giving rise to, –
- failure to give notice within required time, –
- fully detailed, –
- giving effect to entitlement of Contractor to
- Gold Book
- MDB Book
- notice, –
- procedure, failure to comply with,
- Red Book
- Silver Book
- Sub-Clause 20.1, –
- timing of notice, –
- Yellow Book
- Contractor’s Documents, –
- Contractors’ entitlement on suspension, –
- Contractor’s Equipment
- Contractor’s financial situation, changes in, –
- Contractor’s general obligations
- Contractor’s Proposal, in FIDIC Contract
- Contractor’s remedies, –
- delayed or non-payment by Employer, –
- early completion bonus, –
- entitlement, –
- extension of time see Extension of time, Contractor’s entitlement
- financing charges, –
- following Take-Over and/or use by Employer of part of Works, –
- Gold Book, in,
- indemnities by Employer,
- MDB Book, in,
- payment of Cost/other financial entitlements, , –
- Red Book, in,
- Silver Book, in,
- suspension of Operation Service, –
- termination see Termination by Contractor
- Yellow Book, in,
- Contractor’s superintendence, execution of Works, –
- Contracts Committee, FIDIC
- DABs/DBs (Dispute Adjudication Boards/Dispute Boards)
- see also Amicable settlement; Arbitration; Dispute Adjudication Agreement; Dispute resolution
- ad hoc
- appointment, –
- arbitration of dispute where not in place, –
- see also Arbitration
- binding decision, –
- claims,
- decision, –
- enforcement of decision, –
- Engineer/Employer’s Representative as DAB, –
- failure of one Party to enter into Dispute Adjudication Agreement, –
- failure to agree, –
- identity of members, –
- introduction of, ,
- jurisdiction of, –
- nature of in FIDIC forms, –
- number of members, –
- obtaining decision on a dispute from, –
- power to overrule time limit where failure to give notice within required time,
- powers of DAB, –
- procedure, –
- referral of dispute to arbitration where decision not final, –
- referral to, –
- remuneration, –
- replacement and termination of appointment,
- selection of type, , –
- standing
- Standing Operation Service,
- Damages
- Daywork Schedule, Contract Price, –
- DBO (Design Build Operate) contract, Test Edition of (2007),
- Defects
- Contractor to search for cause, –
- cost of remedying/removal of defective work, –
- Defects Notification Period
- extension of Defects Notification Period, –, –
- failure to pass Tests on Completion, –
- failure to remedy, –, –
- generally, –
- Gold Book, in, ,
- Red, MDB, Yellow and Silver Books, in, –
- remedies
- during course of Works, –
- extension of Defects Notification Period, –
- failure to pass Tests on Completion, –
- failure to remedy defects, –, –
- Gold Book, in, , , –
- ‘Greenfield’ remedy, –
- Red, MDB, Yellow and Silver Books, in, –
- reduction in Contract Price, ,
- reduction in Rates and Prices,
- self-help, –
- Taking-Over Certificate and reduction of Contract Price, –
- termination, –
- remedying of, and completion of outstanding work
- Taking-Over Certificate and reduction of Contract Price, –
- Delay damages, –
- Delays
- Design, Build and Operate (DBO) concept, Gold Book,
- Design obligations
- Dispute Adjudication Agreement
- Dispute Adjudication Board, International Chamber of Commerce,
- Dispute boards
- Dispute resolution
- amicable settlement see Amicable settlement
- arbitration see Arbitration
- development of FIDIC procedures, –
- Dispute Adjudication Agreement see Dispute Adjudication Agreement
- dispute boards see DABs/DBs (Dispute Adjudication Boards/Dispute Boards); Dispute boards
- dispute resolution provisions see DRPs (dispute resolution provisions)
- Gold Book
- ICC, and,
- introduction, –
- MDB Book
- meaning and existence of a dispute, –
- Red Book
- Silver Book
- Yellow Book
- Dispute Review Board, International Chamber of Commerce,
- Drawings, in FIDIC Contract,
- DRPs (dispute resolution provisions)
- Electricity, water and gas
- Employer’s claims, –
- Employer’s Equipment
- Employer’s financial arrangements
- Employer’s remedies, –
- see also Remedies
- defects in quality and performance, –
- delay damages, –
- entitlement to payment of costs from Contractor,
- exercise on behalf of Employer, –
- failure to carry out maintenance, –
- failure to complete
- failure to pass Tests after Completion, –
- failure to pass Tests on Completion
- failure to pass Tests Prior to Contract Completion, –
- failure to proceed, –
- failures by Contractor generally,
- Gold Book
- indemnities by Contractor,
- MDB Book
- notice to correct under Sub-Clause 15.1, –
- Operation Service
- other practical,
- Red Book
- rights under FICIC forms
- set-off
- Silver Book
- termination see Termination by Employer
- time considerations, –
- withholding certain amounts, , –
- Yellow Book
- Employer’s Representative
- Employer’s Requirements
- Employer’s risks, –
- Engineer
- Engineering Advancement Association (ENAA), form of contract approved by IBRD,
- Environmental Management System Training Resource Kit, United Nations Environment Programme,
- Environmental protection, execution of Works, –
- European International Contractors (EIC)
- Execution of Works
- avoidance of interference with public,
- changes to sequence and timing of,
- Contractor’s Equipment, –
- contractor’s superintendence, –
- co-operation, –
- electricity, water, gas and facilities, –
- Employer’s Equipment, –
- environmental protection, –
- facilities for staff and labour, –
- free-issue materials, –
- rights of way,
- Extension of time, Contractor’s entitlement
- Failure to proceed
- Failure to reach production outputs, Operation Service (Gold Book), –, –
- FIDIC (Fédération Internationale Des Ingénieurs-Conseils)
- background to contracts, –
- collaborative work with other organisations, –
- Contract see Contract, FIDIC
- Contracts Committee see Contracts Committee, FIDIC
- English court decisions on contracts,
- founders of,
- general objectives,
- headquarters, ,
- history,
- meaning, –
- Member Associations, ,
- organisation/activities, –
- overall mission,
- Secretariat, ,
- suite of contracts see FIDIC suite of contracts
- utilisation of contracts
- FIDIC Contract see Contract, FIDIC
- FIDIC forms
- Gold Book see Gold Book (Conditions of Contract for Design, Build and Operate Projects)
- MDB Book see Red Book (MDB Harmonised Edition)
- Orange Book see Orange Book (Conditions of Contract for Design-Build and Turnkey)
- Red Book see Conditions of Contract for Works of Civil Engineering Construction (original Red Book); Red Book (Conditions of Contract for Construction of Building and Engineering Works Designed by the Employer) (Rainbow Series)
- Silver Book see Silver Book (Conditions of Contract for EPC/Turnkey Projects)
- White Book see White Book (Client/Consultant Model Services Agreement)
- Yellow Book see Conditions of Contract for Electrical and Mechanical Works including Erection on Site (original Yellow Book); Yellow Book (Conditions of Contract for Plant and Design-Build) (Rainbow Series)
-
FIDIC Guide
- augmenting current major project forms,
- claims, ,
- commencement of Works, , ,
- communication and reporting,
- contract administrator
- Contract Price
- Contractor’s remedies, ,
- corrections to Payment Certificates or payments,
- Defects Notification Period, extension,
- delay damages,
- Dispute Adjudication Boards/Dispute Boards
- dispute resolution
- FIDIC Contract
- health and safety,
- insurance,
- limitation of liability,
- on notice to terminate,
- obligation to complete, , ,
- Procurement,
- Product
- risk allocation (Clause 17),
- security forms,
- suspension,
- FIDIC suite of contracts, –
- Financing charges, –
- Fitness-for-purpose obligation, –
- Force Majeure/Exceptional Events, –
- Forms, FIDIC
- Gold Book see Gold Book (Conditions of Contract for Design, Build and Operate Projects)
- MDB Book see Red Book (MDB Harmonised Edition)
- Orange Book see Orange Book (Conditions of Contract for Design-Build and Turnkey)
- Red Book see Conditions of Contract for Works of Civil Engineering Construction (original Red Book); Red Book (Conditions of Contract for Construction of Building and Engineering Works Designed by the Employer) (Rainbow Series)
- Silver Book see Silver Book (Conditions of Contract for EPC/Turnkey Projects)
- White Book see White Book (Client/Consultant Model Services Agreement)
- Yellow Book see Conditions of Contract for Electrical and Mechanical Works including Erection on Site (original Yellow Book); Yellow Book (Conditions of Contract for Plant and Design-Build) (Rainbow Series)
- General Conditions see under Conditions of Contract (FIDIC Contract)
- Gold Book (Conditions of Contract for Design, Build and Operate Projects)
- adverse physical conditions on site, , –
- applicable laws and permissions, FIDIC contract
- appointment of Employer’s Representative, , ,
- as-built documents, –
- Book-specific definitions contained in,
- Claims see also below under Contractor’s claims; Employer’s claims
- commencement of Works, ,
- Commissioning Certificates see Commissioning Certificates
- communication and reporting
- contract administration, ,
- contract administrator
- Contract Data contained in, , ,
- Contract Price
- adjustment for changes in Cost, –
- Advance Payment,
- Asset Replacement Schedule/Fund, –
- cessation of Employer’s liability,
- changes in legislation, –
- generally, , –
- Interim Payment application procedure, ,
- Interim Payment Certificates, issue of, –
- Maintenance Retention Fund, –
- making payment, –
- Provisional Sums,
- Schedules of Payments,
- Variations, –
- Contractor’s claims
- contract administrator’s response and determinations under Sub-Clause 3.5,
- DAB’s power to overrule time limit where failure to give notice within required time,
- dissatisfaction with contract administrator’s determination,
- Contractor’s remedies,
- defects, remedying, –, –
- Design, Build and Operate (DBO) concept,
- design obligations
- Design-Build Period
- dispute resolution
- electricity, water, gas and facilities,
- Employer’s claims
- employer’s financial arrangements, –
- Employer’s remedies
- errors/defects
- execution of Works, ,
- FIDIC Contract
- FIDIC suite of contracts, in, , –
- Final Statements and Payment Certificates, –
- fitness-for-purpose obligation, –
- Force Majeure/Exceptional Events, , ,
- format,
- general obligations of Contractor, –, –
- information and sufficiency of Accepted Contract Amount, –
- insurance
- limitation of liability, –,
- Maintenance Retention Guarantee,
- obligation to complete
- operation and maintenance manuals,
- Operation Service see Operation Service (Gold Book)
- Particular Conditions—Special Provisions in,
- payment issues
- Performance Security, entitlement to call, –
- price issues
- programme, , ,
- progress, expedition of,
- remedial work,
- replacement of Employer’s Representative, , ,
- Retention Money, –, ,
- rights to vary, –
- risk allocation (Clause 17), –
- Rules of Arbitration, and,
- samples, –, –
- scope of work
- security requirement,
- site
- standards and quality
- Standing Operation Service DAB,
- Subcontractors, , –,
- suspension, ,
- technical standards and regulations, –
- termination by Employer, Contractor’s entitlement to payment, –
- Test Edition of (2008),
- Tests after Completion,
- Tests on Completion, –
- Tests Prior to Contract Completion, –
- training, , ,
- Variations
- Yellow Book, and,
- Green Book (Short Form of Contract), in FIDIC suite of contracts, ,
- ‘Greenfield’ remedy
- Guarantees
- ICC see International Chamber of Commerce (ICC)
- ICC-FIDIC Conference on Dispute Resolution in Construction Matters (2009),
- Indemnities
- Independent compliance audit, Operation Service (Gold Book), –
- Institution of Civil Engineers (ICE), ,
- Instructions, contract administrator
- Insurance, –
- administration of,
- amount of cover, –
- approval of terms and insurer, –,
- Contractor’s Equipment, –
- Contractor’s personnel and other employees, for, –
- failure to effect, –
- generally, –
- Gold Book
- joint names requirement, –,
- liability for breach of professional duty, –
- MDB Book
- party responsible to effect, –
- personal injury/property damage, against, –
- Red Book
- requirements for insurances to be effected, –
- Silver Book
- Works, Goods and Contractor’s Documents, for, –
- Yellow Book
- Intellectual property claims, –
- Inter-American Federation of the Construction Industry, approval and ratification of Red Book,
- Interim Payment, Contract Price
- International Bank for Reconstruction and Development (IBRD)
- International Chamber of Commerce (ICC)
- arbitration
- collaborative work with FIDIC, –,
- Combined Dispute Board,
- Commission on International Arbitration Working Group,
- Dispute Adjudication Board,
- Dispute Review Board,
- International Court of Arbitration,
- representation by National Committees,
- Rules of Arbitration
- Uniform Rules for Contract Bonds, ,
- Uniform Rules for Demand Guarantees, , , ,
- International Construction Contracts and the Resolution of Disputes, conferences (FIDIC/ICC),
- International Development Association (IDA),
- International Federation of Asian and Western Pacific Contractors’ Associations,
- International Federation of Consulting Engineers see FIDIC (Fédération Internationale Des Ingénieurs-Conseils)
- International Finance Corporation (IFC),
- Internationale Vereinigung Beratender Ingenieure see FIDIC (Fédération Internationale Des Ingénieurs-Conseils)
- Laws and permissions, applicable
- Letter of Acceptance
- Letter of Tender
- Limitation of liability, –
- London Court of International Arbitration (LCIA),
- Lump-sum contracts (Yellow, Silver and Gold Books), , –
- Maintenance Retention Fund, ,
- Maintenance Retention Guarantee,
- Materials and workmanship
- MDBs see Multilateral Development Banks (MDBs)
- Measurement (‘unit price’) contracts (Red and MDB Books)
- Member Associations, FIDIC, ,
- Model Representative Agreement, , ,
- Multilateral Development Banks (MDBs)
- Multilateral Investment Guarantee Agency (MIGA), and World Bank,
- Obligation to complete
- Commissioning Certificates, , , –
- Contract Completion Certificate,
- extent of completion required, –
- as-built drawings, operation and maintenance manuals, and Contractor’s Documents, –
- completion of whole of Design-Building/Works, –
- completion of whole of Works (and Sections), –
- matters required for Design-Building/Works to be considered completed, –
- matters required for Works to be considered completed, –
- tests on completion of Design-Build,
- generally, –
- Gold Book
- MDB Book
- Performance Certificates, ,
- Red Book
- Sectional Completion, –
- Silver Book
- Taking-Over, –
- Time for Completion, –
- Yellow Book
- Operating Licence, in FIDIC Contract,
- Operation and maintenance manuals
- Operation Service (Gold Book)
- application for Final Payment Certificate, –
- commencement and carrying out of Operation Service, –
- completion, –
- compliance with law,
- contractor’s general obligations, –
- delays and interruptions, –, –
- delivery of raw materials, –
- failure to reach production outputs, –, –
- Final Payment Certificate, –
- general requirements, –
- generally, –
- independent compliance audit, –
- insurance, –,
- Interim Payment application procedure,
- Operation and Management Plan,
- ownership of output and revenue,
- period of,
- suspension
- Orange Book (Conditions of Contract for Design-Build and Turnkey)
- Particular Conditions see under Conditions of Contract (FIDIC Contract)
- Payment issues
- changes in Contractor’s financial situation, –
- Contractor to Employer payments, –
- corrections to Payment Certificates or payments, –
- currencies of payment, –
- delayed payment,
- employer’s financial arrangements, –
- Gold Book
- MDB Book
- nominated Subcontractors, payment to, –
- Plant and Materials, –
- Red Book
- retention money, deduction,
- Silver Book
- taxes, –
- Yellow Book
- Payment obligations, –
- Performance Certificates, ,
- Performance Security, –
- Permanent Works, scope of work,
- Permits, licences or approvals assistance, compliance with law, –
- Personal injury
- Personnel
- Plant and Materials
- Possession, rights of, –
- Practical Use of the 1999 FIDIC Conditions of Contract and the Resolution of Disputes, International ICC-FIDIC Conference (2008),
- Price issues
- Privilege, amicable settlement,
- Procurement, FIDIC Contract, –
- Product
- Production outputs, failure to reach, –
- Programme
- Progress
- Property damage (other than the Works)
- Provisional Sums, Contract Price, –
- Public, avoidance of interference with, execution of Works,
- Rainbow Suite (major project forms)
- see also FIDIC suite of contracts
- European International Contractors organisation, and,
- FIDIC, general principles
- FIDIC’s contract suite
- Blue Green Book, –
- collection of documents in,
- Gold Book, –
- see also Gold Book (Conditions of Contract for Design, Build and Operate Projects)
- Green Book,
- Joint Venture Model Agreement, ,
- Model Representative Agreement,
- Red Book, 1st Edition, –
- see also Red Book (Conditions of Contract for Construction of Building and Engineering Works Designed by the Employer) (Rainbow Series)
- Red Book (MDB edition), –
- see also Red Book (MDB Harmonised Edition)
- Red Book Subcontract,
- Silver Book, –
- see also Silver Book (Conditions of Contract for EPC/Turnkey Projects)
- Sub-Consultancy Agreement, , ,
- Supplement to FIDIC Contracts Guide, to use with MDB edition,
- White Book, , –,
- Yellow Book, –
- see also Yellow Book (Conditions of Contract for Plant and Design-Build) (Rainbow Series)
- production of,
- publication of (1999),
- revision of existing contracts, ,
- Raw materials delivery, Operation Service (Gold Book), –
- Reading University Study, utilisation of FIDIC Contracts, –
- Red Book (Conditions of Contract for Construction of Building and Engineering Works Designed by the Employer) (Rainbow Series)
- see also Red Book (MDB Harmonised Edition)
- adverse physical conditions on site, , –
- Appendix to Tender contained in, , , ,
- applicable laws and permissions, FIDIC contract, , ,
- appointment of Engineer, –
- as-built documents, –
- authority of Engineer and constraints to, , , –
- claims
- commencement of Works, , –,
- communication and reporting, , –,
- contract administration,
- contract administrator
- Contract Price
- adjustment for changes in Cost, –
- Application, Final Payment and Certificate, and Discharge, –
- changes in legislation, –
- contractual entitlements to adjustments,
- Daywork Schedule,
- Final Payment Certificate, issue of, –
- generally, , –
- Interim Payment Certificates, issue of, –
- making payment, –
- measurement, –
- omissions regarding Variations, –
- Provisional Sums,
- Statement at completion, –
- valuation of Variations, –
- Variations, –
- Contractor’s claims
- Contractor’s Documents, –
- Contractor’s remedies,
- defects, remedying, and completion of outstanding work, –,
- design obligations
- dispute resolution
- early completion bonus,
- electricity, water, gas and facilities, –
- Employer’s claims, , , –
- Employer’s financial arrangements, –
- Employer’s remedies
- errors/defects in documents,
- FIDIC Contract
- FIDIC suite of contracts, in, , –
- fitness-for-purpose obligation,
- Force Majeure/Exceptional Events, –, ,
- Foreword,
- general obligations of Contractor, –
- information and sufficiency of Accepted Contract Amount, –
- insurance, –, ,
- landmarks in development of,
- licence to publish translation of,
- limitation of liability,
- measurement (‘unit price’) contracts, –, –
- obligation to complete
- original FIDIC form see Conditions of Contract for Works of Civil Engineering Construction (original Red Book)
- payment issues
- Performance Security, entitlement to call, –
- price issues
- priority of contract documents,
- programme, , ,
- progress,
- remeasurement contracts, , –
- replacement of Engineer, , , ,
- Retention Money, , –,
- Retention Money guarantee,
- right to vary, –
- risk allocation (Clause 17)
- Rules of Arbitration, and,
- samples, –, –
- scope of work
- site
- standards and quality, –
- Subcontract (Conditions of Subcontract for Work of Civil Engineering Construction), ,
- Subcontractors, –
- suspension, obligations during period of,
- termination by Employer,
- Tests after Completion,
- Tests on Completion, –
- training,
- value engineering,
- Variations
- Yellow Book contrasted,
- Red Book (MDB Harmonised Edition)
- adverse physical conditions on site, , –
- applicable laws and permissions, FIDIC contract, ,
- appointment of Engineer, –
- arbitration, , –
- as-built documents, –
- authority of Engineer and constraints to, , , –
- Book-specific definitions contained in,
- Claims see below under Contractor’s claims; Employer’s claims
- collaboration with external body, as product of,
- commencement of Works, –
- communication and reporting, ,
- contract administration, ,
- contract administrator
- Contract Data contained in, , ,
- Contract Price
- adjustment for changes in Cost, –
- Application, Final Payment and Certificate, and Discharge, –
- changes in legislation, –
- contractual entitlements to adjustments,
- Final Payment Certificate, issue of, –
- generally, , –
- Interim Payment Certificates, issue of, –
- making payment, –
- measurement, –
- omissions regarding Variations, –
- Provisional Sums,
- Schedules of Payments,
- Statement at completion, –
- valuation of Variations, –
- Variations, –
- Contractor’s claims
- Contractor’s Documents, –
- Contractor’s personnel, obligations relating to, , –
- Contractor’s remedies, , –, –
- defects, remedying, and completion of outstanding work, –,
- design obligations
- development of,
- dispute resolution
- distinguishing features,
- electricity, water, gas and facilities, –
- Employer’s claims
- employer’s financial arrangements, –
- Employer’s remedies
- errors/defects
- FIDIC Contract
- fitness-for-purpose obligation,
- Force Majeure/Exceptional Events, –, ,
- general obligations of Contractor, –
- information and sufficiency of Accepted Contract Amount, –
- insurance, –, ,
- limitation of liability, –,
- measurement (‘unit price’) contracts, –, –
- obligation to complete
- Particular Conditions—Special Provisions in,
- payment issues
- Performance Security, entitlement to call,
- price issues
- priority of contract documents,
- programme, , , ,
- progress, ,
- replacement of Engineer, ,
- Retention Money, , –,
- Retention Money guarantee, –
- right to vary, –
- risk allocation (Clause 17)
- samples, –, –
- scope of work
- site
- standards and quality, –
- Subcontractors, –,
- Supplement to FIDC Contracts Guide to use with,
- suspension, obligations during period of,
- termination by Employer,
- Tests on Completion, –
- training,
- value engineering,
- Variations
- World Bank/MDBs, collaboration with,
- Remeasurement contracts (Red and MDB Books), , –
- Remedies
- Retention Money, –
- Retention Money guarantee, –
- Rights of way, execution of Works,
- Risk allocation (Clause 17), –
- see also Limitation of liability
- consequences following damage, –
- Contractor’s liability for loss or damage
- Employer’s risks, –
- exceptional risks,
- financial loss, delay or damage allocated under Contractor/by law,
- forces of nature,
- general allocation of risk to Employer, –
- generally, –
- Gold Book
- indemnities, and, –
- liability for loss or damage to Works, Goods and Contractor’s Documents, –
- MDB Book
- Red Book
- Silver Book
- Yellow Book
- Risk sharing, site,
- Schedules, in FIDIC Contract,
- Schedules of Payments, Contract Price, –
- Scope of work
- Sectional Completion, –
- Security
- Security of site, –
- Set-off
- Silver Book (Conditions of Contract for EPC/Turnkey Projects)
- adverse physical conditions on site, –
- applicable laws and permissions, FIDIC contract
- as-built documents, –
- award of Contract, –
- claims see also below under Contractor’s claims; Employer’s claims
- commencement of Works
- communication and reporting
- contract administrator
- Contract Price
- adjustment for changes in Cost, –
- Advance Payment,
- Application, Final Payment and Certificate, and Discharge, –
- changes in legislation, –
- contractual entitlements to adjustments,
- Daywork Schedule, ,
- final payment, issue,
- generally, ,
- Interim Payment application procedure,
- Interim Payment Certificates, issue of, –
- Provisional Sums,
- Statement at completion, –
- timing of payment, –
- Variations, –
- Contractor’s claims
- Contractor’s Documents
- Contractor’s remedies,
- defects, remedying, and completion of outstanding work, –,
- design obligations, –
- dispute resolution
- early completion bonus,
- EIC Contractor’s Guide to,
- electricity, water, gas and facilities, –
- Employer’s claims
- Employer’s remedies
- errors/defects, in Employer’s Requirements, –
- execution of Works,
- failure to pass Tests after Completion, performance damages,
- FIDIC Contract
- FIDIC suite of contracts, in, , –
- fitness-for-purpose obligation, –
- Force Majeure/Exceptional Events, –, ,
- Foreword,
- general obligations of Contractor, –
- insurance, –, ,
- licence to publish translation of,
- obligation to complete
- operation and maintenance manuals, ,
- Particular Conditions, ,
- payment issues
- Performance Security, entitlement to call, –
- Plant and Materials, payment for, –
- price issues
- programme, , ,
- proposal for (1996),
- Retention Money, , –,
- Retention Money guarantee,
- rights to vary, –
- risk allocation (Clause 17)
- Rules of Arbitration, and,
- samples,
- scope of work
- site
- standards and quality, , –
- Subcontractors,
- technical standards and regulations, –
- termination by Employer,
- Tests after Completion, –, , –
- Tests on Completion, –
- training,
- Variations
- Yellow Book contrasted,
- Singapore International Arbitration Centre,
- Site
- Specification, in FIDIC Contract,
- Stamp duties, responsibility for,
- Standard Bidding Documents (SBDs), ,
- Standards and quality
- Stockholm Chamber of Commerce, as arbitral institution,
- Sub-Consultancy Agreement, , ,
- Subcontractors
- Suite of contracts see FIDIC suite of contracts
- Suspension
- Taking-Over
- Taking-Over Certificate
- Contractor’s application for, –
- Contractor’s liability for loss or damage following issue of, ,
- dispute over,
- failure to respond to Contractor’s application, –
- obligation to complete,
- reduction of Contract Price, and, –
- response to Contractor’s application, –
- Sub-Clause 10.2, under, –
- use of part of Works before issue of, –
- Works (or Section) to be completed in accordance with Contract, –
- Task Group for the Updating of the existing Red and Yellow Books
- Task Groups,
- see also Task Group for the Updating of the existing Red and Yellow Books
- Taxes, payment issues, –
- Temporary Works, scope of work,
- Tender, in FIDIC Contract
- Tender documents, in FIDIC Contract, –
- Tender process, administration, –
- Tender security, –
- Termination by Contractor, –
- consequences following, –
- grounds, –
- bankruptcy,
- failure by Employer to pay amounts due, –
- failure to comply with Sub-Clause 1.6,
- failure to comply with Sub-Clause 1.7 (1.8(G)),
- failure to issue Payment Certificate,
- failure to provide reasonable evidence of financial arrangements,
- Force Majeure/Exceptional Events, –
- prolonged suspension instructed by contract administrator,
- substantial failure to perform obligations, –
- procedure, –
- Termination by Employer, –
- see also Employer’s remedies
- cause, for, –
- consequences following, –
- Contractor’s entitlement to payment, –
- Contractor’s obligations following, –
- election to terminate, –
- for Employer’s convenience, –
- Gold Book, , –
- grounds, –
- abandonment of Works,
- Contractor giving or offering to give bribes, –
- Contractor’s bankruptcy, insolvency, etc,
- failure to complete, –
- failure to complete Design-Build by Cut-Off date,
- failure to comply with notice under Sub-Clause 7.5,
- failure to comply with notice under Sub-Clause 15.1,
- failure to comply with Sub-Clause 4.2,
- failure to pass Tests Prior to Contract Completion, –
- failure to proceed, –, –
- failure to remedy defects, –
- inability to complete or fulfil obligations due to financial situation,
- subcontracting the whole of the Works or assigning the Contract without required agreement,
- MDB Book, ,
- practical consequences, –
- procedure, –
- Red Book, ,
- right under FIDIC forms, –
- Silver Book,
- Yellow Book, ,
- Testing, –
- Tests after Completion
- Tests on Completion, –
- Time for Completion
- Title
- Training, scope of work, –
- Transport, site, –
- Uniform Rules for Contract Bonds (URCB), ,
- Uniform Rules for Demand Guarantees (URDG), , , ,
- United Nations Environment Programme, Environmental Management System Training Resource Kit,
- Value engineering, –
- Variations, –
- White Book (Client/Consultant Model Services Agreement)
- Working hours, compliance with law, –
- World Bank
- World Trade Centre II, Geneva Airport, headquarters of FICIC at, ,
- Yellow Book (Conditions of Contract for Plant and Design-Build) (Rainbow Series)
- adverse physical conditions on site, , –
- Appendix to Tender contained in, , , ,
- applicable laws and permissions, FIDIC contract
- appointment of Engineer, –
- as-built documents, –
- authority of Engineer and constraints to, , , –
- claims see also below under Contractor’s claims; Employer’s claims
- commencement of Works, , –
- communication and reporting
- contract administration, ,
- contract administrator
- Contract Price
- adjustment for changes in Cost, –
- Application, Final Payment and Certificate, and Discharge, –
- changes in legislation, –
- contractual entitlements to adjustments,
- Daywork Schedule, ,
- Final Payment Certificate, issue of, –
- generally, , –
- Interim Payment application procedure,
- Interim Payment Certificates, issue of, –
- making payment, –
- Statement at completion, –
- Variations, –
- Contractor’s claims
- Contractor’s Documents
- Contractor’s remedies,
- defects, remedying, and completion of outstanding work, –
- design obligations
- dispute resolution
- early completion bonus,
- electricity, water, gas and facilities, –
- Employer’s claims
- employer’s financial arrangements, –
- Employer’s remedies
- errors/defects
- execution of Works,
- failure to pass Tests after Completion, performance damages,
- FIDIC Contract
- FIDIC suite of contracts, in, , –
- fitness-for-purpose obligation, , –
- Force Majeure/Exceptional Events, –, ,
- Foreword,
- general obligations of Contractor, –
- Gold Book, and,
- information and sufficiency of Accepted Contract Amount, –
- insurance, –
- licence to publish translation of,
- limitation of liability,
- obligation to complete
- operation and maintenance manuals, ,
- original FIDIC form see Conditions of Contract for Electrical and Mechanical Works including Erection on Site (original Yellow Book)
- payment issues
- Performance Security, entitlement to call, –
- price issues
- priority of contract documents,
- programme, , ,
- Red Book contrasted,
- replacement of Engineer, , , ,
- Retention Money, , –,
- Retention Money guarantee,
- rights to vary, –
- risk allocation (Clause 17)
- Rules of Arbitration, and,
- samples, –, –
- scope of work
- Silver Book contrasted,
- site
- standards and quality, –, –
- Subcontractors, –
- suspension, obligations during period of,
- technical standards and regulations, –
- termination by Employer,
- Tests after Completion, –, –, –
- Tests on Completion, –
- training,
- Variations