International Application of FIDIC Contracts, The
Page 431
Index
Index
- Aarhus Convention
- Abrahamson Principles
- Abu Dhabi Global Market
- acceptance of works
- Accepted Contract Amount , , ,
- access route –
- access to Site –,
- accidental elements
- adhesion contracts –
- adjudication –
- advance payment
- agreement
- allocation of risks , –,
- appeal/cassation
- applicable laws –
- Arabic text
- arbitration agreement , , , , , , ,
- arbitration
- Australia
- common law
- constitutional structure –
- constraints on governing law –
- court system –
- desirable Special Provisions in the Particular Conditions –
- dispute resolution –,
- East coast model
- entry into a construction contract
- FIDIC General Conditions and governing law of the Contract
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements –
- freedom of choice
- frustrated contracts
- governing law that of jurisdiction –,
- legal environment –
- misleading or deceptive conduct –
- necessary Special Provisions in the Particular Conditions –
- operation of construction contract –
- payment schedule –
- proportionate liability , –
- public policy
- seat of the dispute determination in jurisdiction
- security of payment –
- Site/Country in jurisdiction –
- termination of construction contract ,
- West coast model
- Australian Consumer Law (ACL) ,
- balanced risk allocation
- Basic Law of Hong Kong
- bidding process
- bill of quantities
- Brazil
- civil law
- compliance with laws
- constitutional structure
- constraints on governing law –
- court system
- dispute adjudication boards
- deemed acceptance of variations
- defect notice period
- desirable Special Provisions in the Particular Conditions –
- dispute resolution ,
- engineer
- entry into a construction contract
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination –
- formal requirements
-
governing law that of jurisdiction –,Page 432
- gross negligence –
- hardship –
- indirect damages
- legal system
- loss of profit
- necessary Special Provisions in the Particular Conditions –
- notice of claim –
- operation of construction contract –
- seat of the dispute determination in jurisdiction
- Site/Country in jurisdiction –
- termination of construction contract ,
- termination for reorganisation
- Brazilian Association of Technical Regulation (ABNT)
- building and construction permits Czech Republic
- building and planning controls
- calendar definitions
- cancellation, contract
- capacity
- carrying on business
- case management
- China
- bidding process
- Chinese Construction Law (2019 Amendment)
- civil law
- constitutional structure
- constraints on governing law –
- construction lien –
- see also construction lien
- court system
- defects notification period –
- desirable Special Provisions in the Particular Conditions –
- dispute resolution ,
- engineer –
- entry into a construction contract
- exceptional events –
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and the law of the Site/Country –
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements –
- forum public policy
- governing law that of jurisdiction –
- Jian Li –
- legal system
- mandatory rules –
- necessary Special Provisions in the Particular Conditions –
- operation of construction contract –
- retention money
- seat of the dispute determination in jurisdiction
- Site/Country in jurisdiction –
- Special Administrative Regions
- termination of construction contract ,
- time construction contracts takes effect –
- choice of law agreement
- civil law –
- CISG see United Nations Convention of Contracts for the International Sale of Goods
- claim details
- claims against the State
- claims for payment
- claim limitation period –
- collapse of basis of contract
- common law
- conflicts of law
- constitutional structure
- constraints on the governing law of a construction contract
- construction contracts –
- construction lien –
- contract claim procedure
- contract interpretation
- Contractor
- copyright –,
- court system
- Australia –
- Brazil –
- China
- Czech Republic, the
- Fiji
- France –
- Germany
- Ghana –
- Hong Kong –
- Italy –
- Malaysia
- Papua New Guinea
Page 433
- Peru
- Romania
- South Africa –
- Sri Lanka
- Switzerland
- United Arab Emirates, the –
- customary law
- customary practise –
- Czech Republic, the
- building permit
- cancellation, contract
- changes to construction contract
- civil code
- claim limitation period –
- constitutional structure
- constraints on governing law –
- court system –
- desirable Special Provisions in the Particular Conditions –
- Dispute Adjudication Board
- dispute resolution
- entry into a construction contract –
- FIDIC –
- financing charges
- formal requirements
- frustration
- general compatibility
- guarantees under forms of security
- health and safety
- insurance
- legal system –
- liquidated (delay) damages
- necessary Special Provisions in the Particular Conditions –
- particular contractual provisions –
- party autonomy
- procedural legislation
- standardisation –
- taking over the works
- termination of construction contract –
- waste management
- deemed acceptance of variations
- defective work, liability for –,
- defects notice/liability period
- delay damages see liquidated (delay) damages
- design
- determined work
- development controls –
- direct democracy
- Dispute Adjudication Board (DAB) –
- Dispute Avoidance/Adjudication Board (DAAB) –
- Dispute Board (DB) –
- dispute resolution
- disruption claims –
- Dubai International Financial Centre
- duty of loyalty
- East Coast model
- electronic licence –
- Employer
- Engineer, the
- entry into a construction contract
- environmental protection
- EU/European Free Trade Association (EFTA)
- evidence
- exceptional events –
- explicit agreement of choice of law
- extension of time
- fairness of transactions –
- fees, professional –
- FIDIC Contracts –
- FIDIC Contracts Committee
- FIDIC General Conditions and governing law of the contract with
- Australia
- Brazil
–Page 434
- China
- Fiji
- France –
- Germany –
- Ghana
- Hong Kong
- Italy –
- Malaysia –
- Papua New Guinea –
- Peru –
- Romania –
- South Africa –
- Sri Lanka
- Switzerland
- United Arab Emirates, the –
- FIDIC General Conditions and law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or dispute determination
- FIDIC Golden Principles , –
- Fiji
- common law –
- constitutional structure
- constraints on governing law –
- court system
- desirable Special Provisions in the Particular Conditions –
- dispute resolution ,
- entry into a construction contract
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements –
- governing law that of jurisdiction –, –
- international arbitration –
- legal system
- necessary Special Provisions in the Particular Conditions –
- operation of construction contract –
- proportionate liability
- seat of the dispute determination in jurisdiction
- Site/Country in jurisdiction –
- termination of construction contract ,
- unfair trade practices –
- financial free zones –
- financing charges
- fitness for purpose
- force majeure:
- foreign exchange control –
- formal requirements
- France
- acceptance of works
- appeal/cassation
- case management
- civil law
- constitutional structure
- constraints on governing law –
- court system –
- defective work, liability for –
- defects notification period –
- delay damages –
- desirable Special Provisions in the Particular Conditions –
- dispute resolution –, ,
- entry into a construction contract ,
- environmental damages, liability for –
- evidence
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements –
- good faith principle
- governing law that of jurisdiction –, –
- health and safety –
- insurance –
- interim relief
- legal costs
- legal system ,
- liabilities/insurance –
- necessary Special Provisions in the Particular Conditions –
- nuisance, liability for
- operation of construction contract –, –
- overriding mandatory provisions
- payment of Subcontractors by Employer
- Performance Certificate –
- rules of interpretation of contracts –
- seat of the dispute determination in jurisdiction –
- Site/Country in jurisdiction –
- subcontracting –
- Taking-Over Certificate –
- termination of construction contract –, ,
- termination of construction contract by Employer
- trial
- freedom of contract –
- free-trade agreement
-
frustrated contractsPage 435
- funds –
- Germany
- allocation of risks –
- cessation of Employer’s liability
- civil law
- claims for payment
- collapse of basis of contract
- conflicts of law –
- constitutional structure
- constraints on governing law –
- Contractor’s general obligations
- court system
- customary practice –
- Defects Liability Period
- Delay Damages
- desirable Special Provisions in the Particular Conditions –
- difference between German construction contracts and FIDIC forms
- dispute resolution ,
- disruption claims –
- Employer’s securities for the Contractor –
- Engineer
- entry into a construction contract
- failure to remedy defects –
- fees, professional –
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination –
- FIDIC provisions in detail –
- formal requirements –
- German abbreviations
- German Civil Code
- German contract law –
- governing law that of jurisdiction –, –
- Income Tax Act
- interim payment –
- labour law –
- labour leasing
- Law on the Protection of Construction Claims –
- legal system , –
- limitation of liability –
- mandatory rules
- necessary Special Provisions in the Particular Conditions –
- obtaining DAAB’s decision
- operation of construction contract –
- Performance Security –
- periods of Werkvertrag –
- private international law –
- procurement law –
- seat of the dispute determination in jurisdiction –
- Silver book provisions
- Site/Country in jurisdiction –
- Standard Business Term Act –
- sufficiency of contract price
- termination of construction contract ,
- termination of contract by Employer
- transferring ownership (s613a Civil Code) –
- Variations and adjustments
- Ghana
- common law
- constitutional structure
- constraints on governing law –
- court system –
- desirable Special Provisions in the Particular Conditions
- dispute resolution ,
- entry into a construction contract
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements –
- governing law that of jurisdiction –,
- legal system –
- necessary Special Provisions in the Particular Conditions
- operation of construction contract –
- seat of the dispute determination in jurisdiction
- Site/Country in jurisdiction –
- termination of construction contract ,
- good faith
- governing law of jurisdiction, applicable legislation if
- governing law of the contract –, –
- gross negligence: ,
- guarantees under forms of security
- Hague Convention on Choice of Law , , , ,
- Hague Principles –, ,
- hardship
- health and safety
- heritage/landscape
- Hong Kong
- Basic Law –
- building controls –
- common law
- constitutional structure –
- constraints
on governing law –Page 436
- court system –
- desirable Special Provisions in the Particular Conditions
- development controls –
- dispute resolution
- entry into a construction contract ,
- environmental controls
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements
- frustrated contracts
- governing law that of jurisdiction –,
- gross negligence
- implied terms –
- legal system –
- local labour, hiring
- mandatory insurance
- misleading and deceptive conduct
- necessary Special Provisions in the Particular Conditions
- operation of construction contract –
- proportionate liability
- rights of third parties
- seat of the dispute determination in jurisdiction
- security of payment –
- Site/Country in jurisdiction –
- Special Administrative Region –
- termination of construction contract ,
- illegality
- implied terms
- impré vision: , : ,
- indirect damages
- insolvency
- insurance
- intent to create legal relationship
- Inter-American Convention on the Law Applicable to International Contracts
- interim payment –
- interim relief
- international conventions, country accessions –
- Italy
- civil law
- constitutional structure –
- constraints on governing law –
- court system –
- deemed acceptance of variations –
- desirable Special Provisions in the Particular Conditions –
- dispute resolution ,
- entry into a construction contract
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and the law of the Site/Country –
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements
- governing law that of jurisdiction –,
- hardship
- insolvency
- legal system
- necessary Special Provisions in the Particular Conditions –
- public procurement –
- operation of construction contract –
- seat of the dispute determination in jurisdiction
- Site/Country in jurisdiction –
- tender process
- termination of construction contract ,
- termination for reorganisation –
- l’imprévision
- labour
- language
- lawful cause
- legal costs
- legal environments
- legal mortgage
- lex fori ,
- lex loci rei sitae
- lex loci solutionis –
- liability for Subcontractor’s acts
- lien
- limitation of action
- limitation of liability
- limitation period
- liquidated (delay) damages
- Czech Republic, the
- France –
- Germany –
-
MalaysiaPage 437
- Papua New Guinea –
- Peru ,
- Romania
- South Africa –,
- Switzerland –
- United Arab Emirates, the ,
- local law or custom, impact of
- loss of profit
- Malaysia
- adjudication –
- arbitration
- building and planning regulations
- common law –
- constitutional structure –
- constraints on governing law –
- copyright –
- court system
- defects
- desirable Special Provisions in the Particular Conditions –
- dispute resolution , –
- entry into a construction contract
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements –
- frustrated contracts –
- governing law that of jurisdiction –, –
- gross negligence
- implied terms –
- legal system –
- liquidated damages –
- local labour, hiring –
- mandatory insurance –
- misleading or deceptive conduct
- necessary Special Provisions in the Particular Conditions –
- operation of construction contract –
- proportionate liability
- rights of third parties
- seat of the dispute determination in jurisdiction
- security of payment –
- Site/Country in jurisdiction –
- termination of construction contract
- mandatory insurance
- mandatory rules
- misleading or deceptive conduct
- mobilisation of Contractor
- Muqawala
- mutual intention
- offer and acceptance
- operation of a construction contract
- oppressive conditions
- overriding mandatory provisions , , ,
- ownership
- pacta sunt servanda
- Papua New Guinea
- access route –
- arbitration –
- carrying on business
- claims against State
- common law
- constitutional structure –
- constraints on governing law
- contract agreement
- court system –
- customary law
- delay damages –
- desirable Special Provisions in the Particular Conditions –
- dispute resolution ,
- entry into a construction contract
- environmental protection
- extension of time –
- fairness of transactions –
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- foreign exchange control –
- formal requirements
- governing law that of jurisdiction –,
- health and safety
- insurance
- legal system –
- liquidated damages –
- necessary Special Provisions in the Particular Conditions –
- offshore funds
- operation of construction contract
-
prevention principle –Page 438
- proportionate liability
- public procurement –
- seat of the dispute determination in jurisdiction
- Site/Country in jurisdiction –
- statutory time bar
- termination of construction contract ,
- Particular Conditions
- choosing governing law of contract –
- consistency with governing law of contract
- content
- format –
- electronic licence
- Employer’s preference –
- guidance for preparation –
- Part A–Contract Data , –, –
- Part B–Special Provisions ,
- project requirements –
- special provisions for consistency with applicable law –, –
- Golden Principles
- party autonomy , , , ,
- payments
- Performance Certificate –
- Performance Security –
- Peru
- agreement between parties
- arbitration
- civil law
- constitutional structure –
- constraints on governing law –
- court system
- delay damages ,
- desirable Special Provisions in the Particular Conditions –
- determined work
- dispute resolution , –
- Engineer, determination by
- entry into a construction contract
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- fitness for purpose
- formal requirements –
- good faith –
- governing law that of jurisdiction –,
- illegality of contractual waiver –
- illegality of time-bar clauses
- implied terms
- intent to create legal relationship
- legal system
- limitation period –
- necessary Special Provisions in the Particular Conditions –
- operation of construction contract –
- price
- public procurement –
- reasonable skill and care –
- reform
- seat of the dispute determination in jurisdiction
- Site/Country in jurisdiction –
- termination of construction contract ,
- planning
- plural system
- posted workers
- prevention principle –
- price
- private international law
- procurement law
- progress payment claims
- proper law of the contract –
- proportionate liability
- public policy (ordre public) –, –,
- public policy of forum –,
- public procurement
- rate of progress –
- reasonable skill and care
- reasonable time
- reception of works
- rectification of defects –
- registration of professionals
- registration/licencing
- Retention Money
- Romania
- adhesion contracts –
- arbitration –
- civil law
- claim details
- clearance of land of munitions
- concurrent delays –
- constitutional structure
- constraints on governing law –
- contract claim procedure
- court system
- Delay Damages
- design
- desirable Special Provisions in the Particular Conditions –
- dispute resolution ,
- Employer’s Requirements, defects in
- entry into a construction contract
- FIDIC
General Conditions and governing law of the contract –Page 439
- FIDIC General Conditions and the law of the Site/Country
- fit for purpose
- formal requirements –
- good faith –
- governing law that of jurisdiction –,
- insolvency
- legal mortgage
- legal system –
- l’imprévision
- limitation period
- mobilisation of Contractor
- necessary Special Provisions in the Particular Conditions –
- normative deeds –
- operation of construction contract –
- ordre public
- payments
- public procurement , –
- reference of a dispute to DAAB
- seat of the dispute determination in jurisdiction
- Site/Country in jurisdiction –
- standard clauses
- statute of limitation
- taking over of Works
- termination of construction contract , ,
- unusual clauses –
- Rome I Regulation , , , , , ,
- Rome II Regulation , ,
- seat of the dispute determination in jurisdiction
- security of payment
- settling disputes
- Shari’a law ,
- Site data ,
- Site/Country in the jurisdiction
- socialist legal system ,
- South Africa
- access to site –,
- arbitration –
- civil law
- common law
- constitutional structure –
- constitutional values
- constraints on governing law –
- court system –
- delay damages –,
- desirable Special Provisions in the Particular Conditions –
- dispute resolution ,
- entry into a construction contract
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements –
- good faith –,
- governing law that of jurisdiction –,
- law and language
- legal system –
- limitation of action –
- limitation of liability
- necessary Special Provisions in the Particular Conditions –
- operation of construction contract –
- ownership of plant and materials
- proportionate liability
- rate of progress –
- seat of the dispute determination in jurisdiction –
- Site/Country in jurisdiction –
- Site data ,
- termination for Contractor’s default
- termination of construction contract ,
- valid contract requirements
- Special Administrative Region
- Special Provisions in the Particular Conditions
- specialty
- Sri Lanka
- arbitration
- common law
- constitutional structure
- constraints on governing law –
- court system
- desirable Special Provisions in the Particular Conditions
- dispute resolution ,
- entry into a construction contract
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements –
- governing law that of jurisdiction –,
- legal system
–Page 440
- necessary Special Provisions in the Particular Conditions –
- operation of construction contract –
- seat of the dispute determination in jurisdiction
- settling disputes
- Site/Country in jurisdiction –
- termination of construction contract ,
- Stamp duty
- standard business terms –
- standard clauses
- standardisation
- stare decisis
- statute of limitation
- statutory time bar –
- sufficiency of Contract Price
- suspension
- Switzerland
- building and construction permits –
- civil law
- copyright
- constitutional structure
- constraints on governing law –
- contract interpretation –
- court system
- delay damages –
- design
- desirable Special Provisions in the Particular Conditions –
- direct democracy
- dispute resolution
- duty of loyalty
- Engineer –
- environment
- extension of time –
- FIDIC General Conditions and governing law of the contract
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination
- formal requirements
- governing law that of jurisdiction –, –
- health and safety
- heritage/landscape
- labour –
- languages
- legal system –
- liens, use of
- limitation of liability –
- necessary Special Provisions in the Particular Conditions
- notice, enforcement of
- nuisance, liability for
- planning
- rectification of defects –
- registration/licencing of contractors
- registration of professionals
- seat of the dispute determination in jurisdiction –
- Site/Country in jurisdiction –
- taking over of Works, Employer
- termination of construction contract
- Switzerland’s Federal Code on Private International Law
- taking over the Works
- Taking-Over Certificate –
- tax clearance
- technical documents
- tender process
- termination for Contractor’s default
- termination for reorganisation
- termination of a construction contract
- termination of contract by Employer
- third parties, rights
- time construction contracts takes effect –
- unfair trade practices –
- UNIDROIT Principles of International Commercial Contracts
- United Arab Emirates, the
- agreement on contract elements –
- Arabic text
- calendar definitions
- capacity
- civil law
- constitutional structure –
- constraints on governing law –
- court system –
- desirable Special Provisions in the Particular Conditions –
- dispute resolution ,
- entry into a construction contract
- FIDIC General Conditions and governing law of the contract –
- FIDIC General Conditions and the law of the Site/Country
- FIDIC General Conditions and laws of the seat of the arbitration or relevant laws on dispute determination –
- financial free zones –
- formal requirements
- governing law that of jurisdiction –, –
- lawful cause
- legal system –
- liability for Subcontractor’s acts
- limitation of liability
- limitation period
- liquidated damages ,
- mutual intention
- necessary Special Provisions in the Particular Conditions –
- Notice provisions –
- offer and acceptance
- operation of construction contract –
- oppressive conditions
- proportionate liability –
- seat of the dispute determination in jurisdiction
- Site/Country in jurisdiction
–Page 441
- suspension
- termination of construction contract ,
- visas
- working hours
- United Nations Convention of Contracts for the International Sale of Goods (CISG) ,
- unusual clauses –