FIDIC Contracts in Asia Pacific - A Practical Guide to Application
Page 551
Glossary
| Term | Meaning | Defined in Section |
|---|---|---|
| 1977 Red Book | FIDIC 1 Conditions of Contract for Works of Civil Engineering Construction – Third Edition 1977. | 1.3.1 |
| 1987 Red Book | FIDIC Conditions of Contract for Works of Civil Engineering Construction – Fourth Edition 1987. | 1.3.1 |
| 1987 Yellow Book | FIDIC Conditions of Contract for Electrical and Mechanical Works – Third Edition 1987 | 1.3.1 |
| 1995 Orange Book | FIDIC Conditions of Contract for Design-Build and Turnkey – First Edition 1995. | 1.3.1 |
| 1999 Arrangement | The Arrangement Concerning Mutual Enforcement of Arbitral Award Between the Mainland and Hong Kong (1999). | 9.2.5 |
| 1999 Red Book | FIDIC Conditions of Contract for Construction – First Edition 1999. | 1.3.1 |
| 1999 Silver Book | FIDIC Conditions of Contract for EPC/Turnkey Projects – First Edition 1999. | 1.3.1 |
| 1999 Yellow Book | FIDIC Conditions of Contract for Plant and Design-Build – First Edition 1999. | 1.3.1 |
| 2017 Red Book | FIDIC Conditions of Contract for Construction – Second Edition 2017. | 1.3.1 |
| 2017 Silver Book | FIDIC Conditions of Contract for EPC/Turnkey Projects – Second Edition 2017. | 1.3.1 |
| 2017 Yellow Book | FIDIC Conditions of Contract for Plant and Design-Build – Second Edition 2017. | 1.3.1 |
| AABE | The Act on Architects and Building Engineers (Act No 202 of 1950) (Japan). | 12.6.9 |
| ABCC | Australian Building and Construction Commission. | 6.2.3 |
| ABLIS | Australian Business Licence and Information Service. | 6.2.2 |
| Abrahamson Principles | Principles of fair and balanced risk allocation, articulated in Max W Abrahamson, ‘Risk Management’ (1983) International Construction Law Review 241, 244. | 2.4 |
| Accepted Contract Amount | FIDIC definition (Red,2 Pink, Yellow,3 Gold and Emerald Books). | FIDIC GCs |
| ACESL | Association of Consulting Engineers Sri Lanka. | 20.2.3 |
| ACI | Arbitration Council of India. | 10.2.8 |
| ACL | Australian Consumer Law. | 6.10.1 |
| adhesion contract | A contract in which its essential clauses are imposed or are drafted by one party, by a third person especially for a party, or as a result of its instructions, the other party having only the possibility to accept the contract as such. | |
| ADR | Alternative dispute resolution – alternative to resolution by litigation in court. | |
| ADR Law | Alternative Dispute Resolution Act (Philippines). | 18.1.3 |
Page 552 |
FIDIC definition (2017 Red, 2017 Yellow and Emerald Books). | FIDIC GCs |
| Advance Payment Guarantee | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver4 and Emerald Books). | FIDIC GCs |
| AFP | Armed Forces of the Philippines. | 18.1.1 |
| AIAC | Asian International Arbitration Centre (Malaysia). | 14.2.9 |
| amiable compositeur | The power given by parties to an arbitrator to decide a dispute equitably or ex aequo et bono without strict regard to the rules of law that would otherwise apply. | |
| Antitrust Act | Act on Prohibition of Private Monopolisation and Maintenance of Fair Trade (Act No 45 of 1947) (Japan). | 12.2.7.1 |
| APCS | Advanced Precast Concrete System (Singapore). | 19.2 |
| APEC | Asia-Pacific Economic Cooperation Forum. | 14.2.3 |
| Appendix to Tender | FIDIC definition (1987 Red, 1999 Red and 1999 Yellow Books). | FIDIC GCs |
| ARTC | Act on the Regulation of Terms and Conditions (Korea). | 13.6.5 |
| ASEAN | Association of Southeast Asian Nations. | 14.2.1 |
| Authorised Dealer | Authorised dealer in foreign exchange appointed by the Central Bank. (Papua New Guinea). | 17.6.5 |
| Authorised Person | An Architect, Engineer or Surveyor registered under the Hong Kong Buildings Ordinance. | 9.6.4 |
| Bank | FIDIC definition (Pink Book). | FIDIC GCs |
| Base Date | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Basic Law | Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China. | 9.1.1 |
| BBB | The Build Build Build Infrastructure Program (2016–2022) (Philippines). | 18.2.1 |
| BCA | Building and Construction Authority (Singapore). | 19.2 |
| BCISPA | Building and Construction Industry Security of Payment Act 1999 (NSW) (Australia). | 6.6.1 |
| BDD | Building Dispute Department (kenchiku-bu) of the Tokyo and Osaka District Courts (Japan). | 12.2.10.2 |
| Bill of Quantities | FIDIC definition (1987 Red, Red, Pink and Emerald Books). | FIDIC GCs |
| BIM | Building information modelling or building information management. | 4.8 |
| Blue-Green Book | FIDIC Form of Contract for Dredging and Reclamation Works – First Edition 2006, Second Edition 2016. | 1.3.1 |
| BNM | Bank Negara Malaysia. | 14.3.1 |
| BOO | Build-Own-Operate. | 10.2.1 |
| BOOT | Build-Own-Operate-Transfer. | 10.2.1 |
| BoQ | Bill of Quantities. | |
| Borrower | FIDIC definition (Pink Book). | FIDIC GCs |
| BOT | Build-Operate-Transfer. | 10.2.1 |
| BPKP | Financial and Development Supervisory Agency (Indonesia). | 11.5.3.2 |
| BS | Bikram Sambat calendar used officially by the Government of Nepal. It is a solar calendar based on Hindu traditions. | 15.1.1 |
| BSA | The Building Standards Act (Act No 201 of 1950) (Japan). | 12.6.9 |
| BUJKA | Foreign construction services business entity (Indonesia). | 11.2.1 |
| Bumiputra | Native Malays (Malaysia). | 14.6.6 |
| causa | A lawful cause required for the existence of a contract in a civil law system. | |
| CAM | Court-Annexed Mediation (Philippines). | 18.1.3 |
| CAN | Contractor’s Association of Nepal. | 15.2.1 |
| CAR | Contractors’ All Risk insurance policy. | 10.2.2.4 |
| CBA | Construction Business Act (Act No 100 of 1949) (Japan). | 12.2.2.1 |
| CBDC | Construction Business Development Council (Nepal). | 15.2.1 |
Page 553 |
Chamber of Construction Industry. (Sri Lanka) | 20.2.3 |
| CCP | Civil Code of the Philippines. | 18.4.1 |
| CCP | Code of Civil Procedures (Act No 109 of 1996) (Japan). | 12.1.3 |
| Central Bank | The Bank of Papua New Guinea, exercising regulatory power in respect of foreign exchange control under the Central Banking Act 2000 (PNG) (Papua New Guinea). | 17.6.5 |
| CIAC | Construction Industry Arbitration Commission (Philippines). | 18.2.10.1 |
| CIAP | Construction Industry Authority of the Philippines. | 18.2.2 |
| CIAP 102 | Uniform General Conditions of Contract for Private Construction (Philippines). | 18.2.9 |
| CIArb | Chartered Institute of Arbitrators. | 14.2.9 |
| CIC | Fiji Construction Industry Council. | 8.2 |
| CIDA | Construction Industry Development Authority (Sri Lanka). | 20.2.2 |
| CIDB | Construction Industry Development Board (Malaysia). | 14.2.2 |
| CIETAC | China International Economic and Trade Arbitration Commission. | 7.2.9 |
| CIM | BIM like technologies (Japan). | 12.2.6 |
| CIICA | Centre for International Investment and Commercial Arbitration (Pakistan). | 16.2.2 |
| CIMP | Construction Industry Master Plan (Malaysia). | 14.2.2 |
| CIRP | Corporate Insolvency Resolution Process (India). | 10.2.6 |
| CITF | Construction Innovation and Technology Fund (Hong Kong). | 9.2.2 |
| CITP | Construction Industry Transformative Plan (Malaysia). | 14.2.2 |
| civil law | A system of law in which the laws are codified in a large number of general rules and principles. | 1.1.2 |
| CLAB | Construction Labour Exchange Centre (Malaysia). | 14.2.2 |
| Claim | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| CLQ | Centralised Labour Quarter (Malaysia). | 14.3.1 |
| CMCO | Conditional Movement Control Order (Malaysia). | 14.3.1 |
| CNI | Confederation of Nepalese Industries. | 15.2.8 |
| Commencement Date | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| common law | The body of law developed by judges from around the 11th century in England, and later exported to its various colonies such as Canada, the USA, Australia, Fiji, Hong Kong, India, Malaysia and Singapore. | 1.1.2 |
| Completion Schedule | FIDIC definition (Emerald Book). | FIDIC GCs |
| Compliance Verification System | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| Conditions of Contract | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| Construction Work Contract | A contract for construction works regulated by Law No 2 of 2017 Construction Services (Indonesia). | 11.4.1 |
| Contract | The construction contract being referred to. | 1.1.1 |
| Contract | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Contract Agreement | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Contract Data | FIDIC definition (2017 Red, Pink, 2017 Yellow, 2017 Silver, Gold and Emerald Books). | FIDIC GCs |
| contract of adhesion | See adhesion contract. | |
| Contract Participants | All the persons referred to in a FIDIC Contract. | 2.4 |
Page 554 |
FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Contract Risk Management Plan | FIDIC definition (Emerald Book). | FIDIC GCs |
| Contract Risk Register | FIDIC definition (Emerald Book). | FIDIC GCs |
| Contractor | The party to a construction contract (the Contract) who carries out the work. | 1.1.1 |
| Contractor | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Contractor’s Documents | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Contractor’s Equipment | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Contractor’s Key Equipment | FIDIC definition (Emerald Book). | FIDIC GCs |
| Contractor’s Key Personnel | FIDIC definition (Emerald Book). | FIDIC GCs |
| Contractor’s Personnel | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Contractor’s Proposal | FIDIC definition (Yellow, Gold and Emerald Books). | FIDIC GCs |
| Contractor’s Representative | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Cost | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Cost Plus Profit | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver, Gold and Emerald Books). | FIDIC GCs |
| Country | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Covid-19 Act | Covid-19 (Temporary Measures) Act 2020 (Singapore). | 19.3.2.1 |
| CPEC | China Pakistan Economic Corridor. | 16.2.1 |
| crore | Ten million (India, Sri Lanka). | 10.2.7 |
| CTEVT | Council of Technical Education and Vocational Training (Nepal). | 15.2.4 |
| curial law | The law governing the existence and operation of the arbitral tribunal, generally the law of the ‘seat’ of arbitration. Also known as the lex arbitrii. | 1.5.5 |
| DAAB | Dispute Avoidance/Adjudication Board. | FIDIC GCs |
| DAAB Agreement | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| DAB | FIDIC definition (1999 Red, 1999 Yellow, 1999 Silver and Gold Books). | FIDIC GCs |
| Date of Completion | FIDIC definition (Red, Yellow, Silver and Emerald Books). | FIDIC GCs |
| day | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Daywork Schedule | FIDIC definition (Red, Pink, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| DB | FIDIC definition (Pink Book). | FIDIC GCs |
| Defects Notification Period | FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). | FIDIC GCs |
| Delay Damages | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| dekigata | The product being produced from the Works (Japan). | 12.9.1 |
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The Act against Delay in Payment of Subcontract Proceeds, Etc. to Subcontractors (Act No 120 of 1956) (Japan). | 12.4.1 |
| design | All plans, drawings, sketches, instructions, and descriptions that determine the way the Works (or parts of it) are to be constructed. Design includes the writing or selection of specifications as well as the production of plans and drawings and any element of choice on the part of the designer, such as requirements as to materials or working methods. | |
| design contract | A contract for the preparation of a design to be constructed under a construction contract. | |
| Dewan Sengketa | Dispute Board (Indonesia). | 11.10.1 |
| DILG | Department of Interior and Local Government (Philippines). | 18.3.1 |
| Dispute | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver, Gold and Emerald Books). | FIDIC GCs |
| Dispute Avoidance /Adjudication Board | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| Dispute Adjudication Board | A Dispute Board that provides a provisionally binding decision on a dispute referred to it; if neither party issues a notice of dissatisfaction within a defined time, the decision becomes final and binding. | |
| Dispute Board | A panel of one or three suitably qualified and experienced independent persons appointed under the Contract to provide a determination of a dispute referred to it. A Dispute Board may be a Dispute Avoidance/Adjudication Board (DAAB), a Dispute Adjudication Board (DAB), a Dispute Review Board (DRB) or a Dispute Resolution Board (DRB). | |
| DNP | Defects Notification Period. FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| doctrine of separability | The generally recognised principle of the law of international arbitration that an arbitration agreement incorporated in a contract is treated for legal purposes as a separate and independent agreement for the purpose of determining its validity or enforceability. | 1.5.6 |
| DOH | Department of Health (Philippines). | 18.3.1 |
| DOJ | Department of Justice (Philippines). | 18.2.10.1 |
| DOLE | Department of Labor and Employment (Philippines). | 18.2.4 |
| DOSH | Department of Occupational Safety and Health (Malaysia). | 14.2.6 |
| DOTr | Department of Transportation (Philippines). | 18.3.1 |
| DPWH | Department of Public Works and Highways (Philippines). | 18.3.1 |
| Drawings | FIDIC definition (1987 Red, Red and Pink Books). | FIDIC GCs |
| DRB | Dispute Review Board or Dispute Resolution Board. | 15.2.11 |
| DRC | Dispute Resolution Committee. | 15.2.11 |
| DTI | Department of Trade and Industry (Philippines). | 18.2.2 |
| DWSS | Digital Works Supervision Systems (Hong Kong). | 9.2.2 |
| EA | Project Executing Agency (Japan). | 5.3.1 |
| East Coast model | The scheme of statutory adjudication legislated in the New South Wales, Queensland, South Australia, Victoria, Tasmania and the Australian Capital Territory (Australia). | 6.6.1 |
| ECQ | Enhanced Community Quarantine (Philippines). | 18.3.1 |
| ECSL | Engineering Council of Sri Lanka. | 20.2.3 |
| EIA | Environmental Impact Assessment Notification 2006 issued by Ministry of Environment and Forest under the Environment (Protection) Act 1986 (India). | 10.2.2.5 |
| EMCO | Enhanced Movement Control Order (Malaysia). | 14.3.1 |
Page 556 |
FIDIC Conditions of Contract for Underground Works, First Edition 2019. | 1.3.1 |
| Employer | The party to a construction contract for whom the work is done. Also referred to as the Principal or sometimes the Owner or Client. | 1.1.1 |
| Employer | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Employer’s Equipment | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Employer’s Personnel | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Employer’s Representative | FIDIC definition (2017 Silver and Gold Books). | FIDIC GCs |
| Employer’s Requirements | FIDIC definition (Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Employer-Supplied Materials | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| ENAA | Engineering Advancement Association (Japan). | 12.2.9.2 |
| ENAA-Domestic | ENAA General Conditions for Domestic Plant Construction Work (last amended in 2020) (Japan). | 12.2.9.2 |
| ENAA-Internationals | International construction contract forms published by ENAA (Japan). | 12.2.9.2 |
| Engineer | FIDIC definition (1987 Red, Red, Pink, Yellow and Emerald Books). | FIDIC GCs |
| Engineer’s Representative | FIDIC definition (1987 Red, 2017 Red, 2017 Yellow and Emerald Books). | FIDIC GCs |
| EOT | Extension of time. | |
| EPB | Earth pressure balance tunnelling machines. | 4.1 |
| EPC contract | Engineer, procure and construct contract. A construction contract (also referred to as a turnkey contract) in which the Contractor takes total responsibility for the engineering (design), procurement and construction, and provides a fully equipped facility ready for operation (at the ‘turn of the key’). | 1.1.1 |
| EPCM contract | Engineer, Procure and Construction Management contract. A construction contract in which the Contractor, as Construction Manager, designs, procures and manages the construction as agent of the Employer. | 1.1.1 |
| ePenjana | National Short-Term Economic Recovery Plan (Malaysia). | 14.3.1 |
| ESS | Employment Support Scheme (Hong Kong). | 9.3.1 |
| ex aequo et bono | A Latin phrase meaning according to the right and good. | 11.12 |
| exequatur | An official recognition by a government of a consul or other representative of a foreign state, authorising them to exercise office (Latin). | 21.5.3.2 |
| Excavation | FIDIC definition (Emerald Book). | FIDIC GCs |
| Exceptional Event | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver, Gold and Emerald Books). | FIDIC GCs |
| Extension of Time or EOT | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| FATA | Federally Administered Tribal areas (Pakistan). | 16.1.1 |
| FCAN | Federation of Contractor’s Association of Nepal. | 15.2.1 |
| FDI | Foreign Direct Investment. | 10.2.3 |
| FIDIC | International Federation of Consulting Engineers (Fédération Internationale des Ingénieurs-Conseils). | 1.3.1 |
Page 557 |
FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| FIDIC Golden Principles | The essential features of a FIDIC Contract that make the risk/reward allocation fair and balanced. | 2.1 |
| Final Payment Certificate or FPC | FIDIC definition (1987 Red, Red, Pink, Yellow and Emerald Books). | FIDIC GCs |
| Final Statement | FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). | FIDIC GCs |
| force majeure | In civil law, force majeure applies to situations where the performance of a contract is substantially impossible, not merely something different from what was originally contemplated by the parties. In civil law systems, force majeure operates independently of party agreement, which means that it will protect an obligee even if the contract does not contain a force majeure clause. | |
| Force Majeure | FIDIC definition (1999 Red, Pink, 1999 Yellow and 1999 Silver Books). | FIDIC GCs |
| Foreign Currency | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Forex Manual | Foreign Exchange Manual published by the Central Bank. Papua New Guinea). | 17.6.5 |
| fukakoryoku | Force majeure (Japan). | 12.6.11 |
| Fundamental Change in Circumstances | A civil law principle similar to the principle of frustration of contract in common law countries. If the circumstances change fundamentally after the execution of a contract so that the performance of the contract would be onerous for one Party, that Party has the right to terminate the contract or to modify some articles of the contract. | 7.10.2 |
| Gam-Li | A third-party supervisor of a construction contract. Gam-Li under the Construction Technology Promotion Act applies to construction projects in which the Employer is a State, a Local Government, or a public institution, and Gam-Li of the Building Act applies to private construction projects (Korea). | 13.10.1 |
| GBR | Geotechnical Baseline Report. FIDIC definition (Emerald Book). | FIDIC GCs |
| GCCC | General Conditions for Construction Contract (last amended in April 2020) published by the Committee of Seven Associations of Architects and Contractors (Japan). | 12.2.9.2 |
| GCDB | General Conditions for Design/Build Contract published by the Japan Federation of Construction Contractors. | 12.2.9.2 |
| GCQ | General Community Quarantine (Philippines). | 18.3.1 |
| GCs | General Conditions. FIDIC definition (Emerald Book). | FIDIC GCs |
| GDP | Gross Domestic Product. | |
| GDFCF | Gross domestic fixed capital formation. | 9.3.1 |
| GDR | Geotechnical Data Report. FIDIC definition (Emerald Book). | FIDIC GCs |
| General Conditions | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| General Exemption | The broad, general but conditional exemption to foreign exchange regulations under the Central Banking Act promulgated by the Central Bank in 2007. A key condition to the General Exemption is a requirement to comply with the Forex Manual. (Papua New Guinea). | 17.6.5 |
Page 558 |
FIDIC definition (Emerald Book). | FIDIC GCs |
| Geotechnical Data Report or GDR | FIDIC definition (Emerald Book). | FIDIC GCs |
| GFI | Government Financial Institution (Philippines). | 18.2.7 |
| giso-ukeoi | Camouflaged Contractor (Japan). | 12.2.3 |
| GNP | Gross National Product. | |
| GOCC | Government-Owned and Controlled Corporation (Philippines). | 18.2.7 |
| Gold Book | FIDIC Conditions of Contract for Design, Build and Operate Projects – First Edition, 2008. | 1.3.1 |
| Goods | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| GoN | Government of Nepal. | 15.2.1 |
| governing law of the contract | The law that governs the Parties’ contractual relations. Also known as the proper law of the contract. | 1.1.6 |
| GPs | FIDIC Golden Principles. | 2.1 |
| Green Book | FIDIC Short Form of Contract – First Edition, 1999. | 1.3.1 |
| Green Card | Construction Personnel Registration Card issued by CIDB (Malaysia). | 14.2.6 |
| Hague Principles | Principles on Choice of Law in International Commercial Contracts (2015) published by the Hague Conference on Private International Law. | 3.2.1 |
| haken-rodo | Labour hire (Japan). | 12.2.3 |
| HKIAC | Hong Kong International Arbitration Centre. | 9.2.5 |
| Head Contract | A contract for construction of a facility between the owner or user of the facility (Employer) and a contractor (Contractor) who takes responsibility for construction of the complete Works in accordance with the requirements of the Contract. The Contractor generally employs one or more Subcontractors to execute some (but not all) of the Works. | 1.1.1 |
| HPS | Self-estimated Price (Indonesia). | 11.6.4 |
| i-construction | BIM like technologies (Japan). | 12.2.6 |
| IA | Implementing Agency (Philippines). | 18.2.7 |
| IAA | International Arbitration Act 1974 (Cth) (Australia). | 6.4.1 |
| IATF | Inter-Agency Task Force (Philippines). | 18.3.1 |
| IBS | Industrialised Building System (Malaysia). | 14.2.2 |
| ICAC | Independent Commission Against Corruption (Hong Kong). | 9.2.4 |
| ICB | International Competitive Bidding (JICA, Nepal). | 5.3.1 |
| ICC | International Chamber of Commerce. | 9.2.5 |
| ICE | Institution of Civil Engineers. | 4.2.5 |
| IESL | Institution of Engineers Sri Lanka. | 20.2.3 |
| IIDS | Institute for Integrated Development Studies (Nepal). | 15.2.8 |
| in rem claim | A claim in rem literally means ‘against the thing’. It is taken directly against property and it can be brought even though the owner has no personal liability. | 1.5.5 |
| inin | Mandate contract (Japan). | 12.6.10 |
| Interim Payment Certificate or IPC | FIDIC definition (1987 Red, Red, Pink, Yellow, Gold and Emerald Books). | FIDIC GCs |
Page 559 |
An international construction contract is a contract for the provision of goods and services in which: (a) the parties to the Contract have, at the time of the conclusion of their agreement, their places of business in different legal jurisdictions; or (b) one of the following places is situated outside the legal jurisdiction in which the parties have their places of business: (i) the Site; or (ii) any place where a substantial part of the obligations for the Works is to be performed. | 1.1.7 |
| IP | Intellectual property. | |
| ipso facto | By the fact itself (Latin). | |
| ipso jure | By the operation of the law itself (Latin). | |
| IQSSL | Institution of Quantity Surveyors of Sri Lanka. | 20.2.3 |
| ITA-AITES | International Tunnelling and Underground Space Association – Association Internationale des Tunnels et de L’Espace Souterrain. | 4.2.1 |
| ITA Contractual Framework Checklist | The ITA Contractual Framework Checklist for Subsurface Construction Contracts published by ITA-AITES in 2011. | 4.2.2 |
| iTaukei land | Native land in Fiji. | 8.5.1 |
| IUJK | Construction Service Business License (Indonesia). | 11.2.1 |
| JCSS | The Japan Calibration Service System (Japan). | 12.8.1 |
| JCT Contracts | Joint Contracts Tribunal suite of standard form contracts (UK). | 14.2.5 |
| JFY | Japanese Fiscal Year. | 5.1 |
| Jian Li | Supervising engineer with contractual authority as Employer’s agent, and statutory duties and obligations in respect of safety, quality, project management, cost control and coordination between Employer and Contractor (China). | 7.10.1 |
| JICA | Japan International Cooperation Agency. | 1.3.2 |
| Joint Venture or JV | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| jorei | Local laws (Japan). | 12.1.2 |
| jumbi-shomen | Memorials in court proceedings (Japan). | 12.2.10.1 |
| justa causa | A just cause or legal ground (Roman–Dutch law). Justa causa is applicable under the law of contract in Sri Lanka; hence, the English contract law notion of consideration is not applicable in Sri Lanka. | 20.1.2 |
| JV Undertaking | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books) | FIDIC GCs |
| kankyo-eikyo-hyoka | Environment impact assessment (Japan). | 12.9.1 |
| kanri-gijiutsu-sha | Supervising engineer (Japan). | 12.9.1 |
| kashitsu-sosai | Comparative negligence (Japan). | 12.5.6 |
| keiyaku-futekigo | Non-conformance (Japan). | 12.5.1.2.1 |
| kenchiku-kakunin | Building confirmation (Japan). | 12.6.14 |
| kenchiku-shi | Architect (Japan). | 12.9.1 |
| KFSK | Kensetsu-Funso-Shinsa-Kai – Construction Dispute Adjudication Board (Japan). | 12.2.10.3 |
| KfW | Credit Institute of Reconstruction (Vietnam). | 21.2.2 |
| KLRCA | Kuala Lumpur Regional Centre for Arbitration (Malaysia). | 14.2.9 |
| koyo | Employment contract (Japan). | 12.6.10 |
| lakh | 100,000 (India, Sri Lanka). | 10.2.6 |
| law of the forum | The law of the place in which court or arbitral proceedings are conducted. | 1.5.5 |
Page 560 |
FIDIC definition (2017 Red, Pink, 2017 Yellow, 2017 Silver, Gold and Emerald Books). | FIDIC GCs |
| LDs | Liquidated damages. | |
| Letter of Acceptance | FIDIC definition (1987 Red, Red, Pink, Yellow, Gold and Emerald Books). | FIDIC GCs |
| Letter of Tender | FIDIC definition (Red, Pink, Yellow, Gold and Emerald Books). | FIDIC GCs |
| lex arbitrii | The law governing the existence and operation of the arbitral tribunal, generally the law of the ‘seat’ of arbitration. Also known as the curial law. | 1.5.6 |
| lex fori | See law of the forum. | |
| lex loci rei sitae | A Latin phrase meaning law of the place where the property is situated. | 1.5.5 |
| lex loci solutionis | A Latin phrase meaning law of the place where relevant performance occurs. | 7.4.1 |
| LGU | Local Government Unit (Philippines). | 18.2.7 |
| Lining | FIDIC definition (Emerald Book). | FIDIC GCs |
| LKPP | Government Procurement Policy Agency (Indonesia). | 11.3.2 |
| Local Currency | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Lok Sabha | House of the People (India). | 10.1.1 |
| LPJK | Construction Development Board (Indonesia). | 11.2.1 |
| LSA | The Labour Standard Act (Act No 49 of 1947) (Japan). | 12.5.2.1 |
| MACC | Malaysian Anti-Corruption Commission. | 14.2.8 |
| MAMPAN | Sustainable Construction Excellence Centre (Malaysia). | 14.2.2 |
| Management Guidelines | Covid-19 Management Guidelines in Malaysia No 5/2020 published by the Ministry of Health (Malaysia). | 14.3.1 |
| mandatory law or mandatory rules of law | Provisions of a statute which the parties to a contract may not derogate from. | 1.5 |
| Materials | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| MCO | Movement Control Order (Malaysia). | 14.3.1 |
| MCTC | Municipal Circuit Trial Court (Philippines). | 18.1.3 |
| MDB | Multilateral Development Bank. | 1.3.2 |
| MECQ | Modified Enhanced Community Quarantine (Philippines). | 18.3.1 |
| MeTC | Metropolitan Trial Courts (Philippines). | 18.1.3 |
| MHA | Ministry of Home Affairs, Government of India. | 10.3.1 |
| MHR | Ministry of Human Resources (Malaysia). | 14.3.1 |
| MIArb | Malaysian Institute of Arbitrators. | 14.2.9 |
| MiC | Modular Integrated Construction (Hong Kong). | 9.2.2 |
| Milestone | FIDIC definition (Emerald Book). | FIDIC GCs |
| Milestone Certificate | FIDIC definition (Emerald Book). | FIDIC GCs |
| MKN | National Security Council (Malaysia). | 14.3.1 |
| MLIT | Ministry of Land, Infrastructure, Transport and Tourism (Japan). | 12.1.1 |
| MLIT Covid-19 Guideline | MLIT Guideline regarding the preventive measures against Covid-19 dated 14 May 2020 (Japan). | 12.3.1.2 |
| MLIT Minister | The head of the Ministry of Land, Infrastructure, Transport and Tourism (Japan). | 12.1.1 |
| MMC | Malaysian Mediation Centre. | 14.2.9 |
| Model Law | 1985 UNCITRAL Model Law on International Commercial Arbitration. | Annexure to |
Page 561 |
Ministry of Construction (Vietnam). | 21.2.2 |
| MoEF | Ministry of Environment and Forest (India). | 10.2.2.5 |
| mokuji-no-goi | Implied agreement (Japan). | 12.11.3 |
| month | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| MoPIT | Ministry of Physical Infrastructure and Transport (Nepal). | 15.2.1 |
| MPI | Ministry of Planning and Investment (Vietnam). | 21.2.2 |
| MQCQ | Modified General Community Quarantine (Philippines). | 18.3.1 |
| MTC | Municipal Trial Court (Philippines). | 18.1.3 |
| MTCC | Municipal Trial Courts in Cities (Philippines). | 18.1.3 |
| MTR | Mass Transit Railway (Hong Kong). | 9.2.1 |
| mutatis mutandis | Notwithstanding differences between two things being compared because of their different situations, the basic point remains the same. | |
| NCASL | National Construction Association of Sri Lanka. | 20.2.3 |
| NCB | National Competitive Bidding (Nepal). | 15.2.10 |
| NEDA | National Economic and Development Authority (Philippines). | 18.2.7 |
| NEPCA | Nepal Council for Arbitrators. | 15.2.11 |
| New York Convention | United Nations 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. | 1.8.1 |
| NGA | National Government Agency (Philippines). | 18.2.7 |
| NGT | National Green Tribunal, a specialised body under the National Green Tribunal Act 2010 (India). | 10.2.2.5 |
| No-objection | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| NOC | No Objection Certificate (India, Pakistan). | 10.2.2.7 |
| NOD | Notice of Dissatisfaction. | FIDIC GCs |
| non-mandatory law or non-mandatory rules of law | Provisions of a statute which the parties can opt out of by appropriate agreement otherwise in their contract. | 1.5 |
| Notice | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver, Gold and Emerald Books). | FIDIC GCs |
| Notice of Dissatisfaction or NOD | FIDIC definition (2017 Red, Pink, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| NPCSC | Standing Committee of the National People’s Congress. (China). | 9.1.3 |
| NSTB | National Skill Testing Board (Nepal). | 15.2.4 |
| OBOR | China’s One Belt One Road initiative. | 14.2.10 |
| ODA | Official Development Assistance. | 5.1 |
| Orang Asli | Indigenous people of Malaysia. | 14.8.1 |
| ordre public | Public policy (French). | 3.2.1 |
| pacta sunt servanda | A Latin phrase that means that agreements are to be kept. | 1.1.5 |
| P3DN | Increased Use of Domestic Products (Indonesia). | 11.6.3 |
| PAM | Pertubuhan Arkitek Malaysia (Malaysian Institute of Architects). | 14.2.5 |
| Part | FIDIC definition (2017 Red, 2017 Yellow and Emerald Books). | FIDIC GCs |
| Particular Conditions | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| Party | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Payment Certificate | FIDIC definition (Red, Pink, Yellow and Emerald Books). | FIDIC GCs |
| PBD | Philippine Bidding Document. | 18.2.9 |
| PCAB | Philippine Contractors Accreditation Board. | 18.2.2 |
| PCs | Particular Conditions. | 2.3 |
Page 562 |
Pakistan Engineering Council. | 16.2.2 |
| Performance Certificate | FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). | FIDIC GCs |
| Performance Damages | FIDIC definition (2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| Performance Guarantees | FIDIC definition (1999 Silver Book). | FIDIC GCs |
| Performance Security | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Permanent Works | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| PFI | Private Finance Initiative. | |
| PGK | Papua New Guinea Kina. | 17.1.2.2 |
| PICAM | Philippine Institute of Construction Arbitrators and Mediators. | 18.2.10.1 |
| Pink Book | FIDIC Conditions of Contract for Construction MDB Harmonised Edition for Building and Engineering Works Designed by the Employer (MDB Harmonised Edition 2010). | 1.3.1 |
| PKK | Contractors Services Centre (Malaysia). | 14.2.3 |
| Plant | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| PMC | Philippine Mediation Center. | 18.1.3 |
| PMU | Project Management Unit (Vietnam). | 21.2.3 |
| PNG | The Independent State of Papua New Guinea. | 17.1.1.1 |
| PPA | Public Procurement Act 2063 (2006) (Nepal). | 15.1.2 |
| PPVC | Prefabricated Pre-finished Volumetric Construction (Singapore). | 19.2 |
| PPE | Personal protective equipment. | 1.6.6 |
| PPMO | Public Procurement Monitoring Office (Nepal). | 15.2.8 |
| PPP | Public Private Partnership. | 10.2.1 |
| PPR | Public Procurement Rules 2064 (2007) (Nepal). | 15.1.2 |
| PPRA | Public Procurement Regulatory Authority (Pakistan). | 16.2.1 |
| PRC | Professional Regulation Commission (Philippines). | 18.2.3 |
| Programme | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| proper law of the contract | The law that governs the parties’ contractual relations. Also known as the governing law of the contract. | 1.1.6 |
| Provisional Sum | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| PSSCOC | Public Sector Standard Conditions of Contract (Singapore). | 19.2 |
| PT PMA | A joint venture between a foreign entity and a local contractor (Indonesia). | 11.2.1 |
| public policy | Public policy is largely concerned with the potential for manifest unfairness or injustice within a given situation. Courts may disregard or refuse to give effect to contractual obligations which, whilst not directly contrary to any express or implied statutory prohibition, nevertheless contravene ‘the policy of the law’ as discerned from a consideration of the scope and purpose of the particular statute. | 1.1.4 |
| PWSC | Public Work Standard Contract published by the Central Government (Japan). | 12.2.9.1 |
Page 563 |
FIDIC definition (Emerald Book). | FIDIC GCs |
| QM System | FIDIC definition (2017 Red, 2017 Yellow and 2017 Silver Books). | FIDIC GCs |
| rainbow suite | The construction contracts published by FIDIC:
|
1.3.1 |
| Rajya Sabha | Council of States (India). | 10.1.1 |
| rebus sic stantibus | The civil law doctrine or rules relating to changed circumstances. | 1.2.3 |
| Red Book | FIDIC Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer – First Edition 1999 and Second Edition 2017. | 1.3.1 |
| REDAS | Real Estate Developers’ Association of Singapore. | 19.2 |
| Retention Money | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Review | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| RFA | Request for approval. | |
| RFI | Request for information. | |
| RMCO | Recovery Movement Control Order (Malaysia). | 14.3.1 |
| Rome I | Convention on the Law Applicable to Contractual Obligations. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations. | 1.1.4 |
| roshi-kyotei | Labour management agreement (Japan). | 12.5.2.1 |
| RPTKA | Employment Plan of Foreign Workers (Indonesia). | 11.6.2 |
| RTC | Regional Trial Courts (Philippines). | 18.1.3 |
| saimu-furiko | Non-performance of obligations (Japan). | 12.8.4 |
| san-mitsu | ‘Three Cs’ – closed spaces, crowded places, close-contact settings (Japan). | 12.3.1.2 |
| SBD | Standard Bidding Document. | 1.3.2 |
| SBD Design Build | SBD for Design Build, Plant and Works (Japan). | 5.3.2 |
| SBD Works | SBD for Procurement of Works (Japan). | 5.3.2 |
| SBU | Business Entity Certificate (Indonesia). | 11.2.1 |
| Schedules | FIDIC definition (Red, Pink, Yellow, 2017 Silver, Gold and Emerald Books). | FIDIC GCs |
| Schedule of Baselines | FIDIC definition (Emerald Book). | FIDIC GCs |
| Schedule of Contractor’s Key Equipment | FIDIC definition (Emerald Book). | FIDIC GCs |
| Schedule of Guarantees | FIDIC definition (1999 Yellow Book). | FIDIC GCs |
| Schedule of Payments | FIDIC definition (Red, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Schedule of Performance Guarantees | FIDIC definition (2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| Schedule of Rates and Prices | FIDIC definition (2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
Page 564 |
FIDIC definition (Pink Book). | FIDIC GCs |
| SDR | Special Drawing Rights.5 | 9.2.3 |
| Section | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| SEDA | Sustainable Development Authority (Malaysia). | 14.2.2 |
| sekou-kanri-gishi | Managing engineer (Japan). | 12.9.1 |
| SEZ | Special Economic Zone (India). | 10.2.4 |
| Shinkansen | Bullet train (Japan). | 12.3.2 |
| shometsu-jiko | Statute of limitation (Japan). | 12.5.1.2.1 |
| SIA | Singapore Institute of Architects. | 19.2 |
| SIAC | Singapore International Arbitration Centre. | 15.2.1.1 |
| SICC | Singapore International Commercial Court. | 19.1.3 |
| Site | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Silver Book | FIDIC Conditions of Contract for EPC/Turnkey Projects – First Edition 1999, Second Edition 2017. | 1.3.1 |
| SLIA | Sri Lanka Institute of Architects. | 20.2.3 |
| SME | Small and medium enterprise. | |
| SOCSO | Social Security Organisation (Malaysia). | 14.6.7 |
| SOE | State of Emergency. | 12.3.1.1 |
| sojo | Complaint in court proceedings (Japan). | 12.2.10.1 |
| SOP | Standard Operating Procedure. | 14.3.1 |
| SOP Act | Building and Construction Industry Security of Payment Act (2005) (Singapore). | 19.2 |
| sosai-tekijo | Set-off (Japan). | 12.8.3 |
| Special Provisions | FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). | FIDIC GCs |
| specialty | A contract executed under seal. | 6.4.2 |
| Specification | FIDIC definition (1987 Red, Red, Pink and Yellow Books). | FIDIC GCs |
| SPR | Stores and Procurement Regulations issued by the Financial Secretary under the Public Finance Ordinance (Cap 2) (Hong Kong). | 9.2.3 |
| stare decisis | ‘The decision stands’ (Latin). The doctrine under which a common law court is required to follow previous decisions, unless they are inconsistent with a higher court’s decision or determined to be wrong in law. | 1.1.2 |
| Statement | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Subcontractor | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| SUCs | State Universities and Colleges (Philippines). | 18.2.7 |
| SWP | ‘Safe Work Procedure for Prevention of Covid-19 at Workplace’ published by DOSH (Malaysia). | 14.3.1 |
| Taking-Over Certificate | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver and Emerald Books). | FIDIC GCs |
| TBM | Tunnel boring machine. | 4.1 |
| TDS | Tax Deducted at Source (India, Nepal). | 10.2.2.3 15.6.1 |
| Temporary Works | FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). | FIDIC GCs |
Page 565 |
FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Tests after Completion | FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). | FIDIC GCs |
| Tests on Completion | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver and Emerald Books). | FIDIC GCs |
| TG15 | FIDIC Task Group 15, responsible for articulating the FIDIC Golden Principles. | 2.3 |
| Time for Completion | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver and Emerald Books). | FIDIC GCs |
| TKDN | Domestic Component Level (Indonesia). | 11.6.3 |
| tobensho | Answer in court proceedings (Japan). | 12.2.10.1 |
| tojisha-no-goriteki-ishi | A party’s reasonable intention (Japan). | 12.11.3 |
| ukeoi | Contract for Work (Japan). | 12.6.10 |
| UNCITRAL | United Nations Commission on International Trade Law. | 1.5.6 |
| UNCITRAL Model Law | UNCITRAL Model Law on International Commercial Arbitration 1985 with Amendments as adopted in 2006. | Annexure to . |
| Underground Works | FIDIC definition (Emerald Book). | FIDIC GCs |
| Unforeseeable | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| UNIDROIT | International Institute for the Unification of Private Law. | |
| Variation | FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| VIAC | Vietnam International Arbitration Centre. | 21.5.3.1 |
| VND | Vietnam Dong. | 21.2.1 |
| WACIA | Worker’s Accident Compensation Insurance Act (Act No 50 of 1947) (Japan). | 12.2.8.1 |
| West Coast model | The scheme of statutory adjudication legislated in the Northern Territory (Australia). | 6.5.1 |
| WHO | United Nations World Health Organization. | 10.3.1 |
| WHS | Workplace health and safety. | 6.2.2 |
| WMA | The Waste Management and Public Cleaning Act (Act No 137 of 1970) (Japan). | 12.6.13 |
| Works | FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| writing | FIDIC definition (1987 Red Book). | FIDIC GCs |
| WSHA | Workers Safety and Health Act (Act No 57 of 1972) (Japan). | 12.2.4 |
| WTO | World Trade Organization – the only global international organisation dealing with the rules of trade between nations.6 | 1.8.2 |
| WTO GPA | WTO Agreement on Government Procurement. | 1.8.2 |
| year | FIDIC definition (Red, Yellow, Silver, Gold and Emerald Books). | FIDIC GCs |
| Yellow Book | FIDIC Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant and for Building and Engineering Works, designed by the Contractor – First Edition 1999, Second Edition 2017. | 1.3.1 |
1 Terms in bold are defined elsewhere in the Glossary.