An Employer's and Engineer's Guide to the FIDIC Conditions of Contract

When all parties involved in the construction process fully understand their roles and are able to anticipate potential points of conflict, disputes and delays will be minimised.

The Employer?s and Engineer?s Guide to the FIDIC Conditions of Contract sets out the essential administrative requirements of a FIDIC based contract by reference to the FIDIC 1999 Red Book.

The obligations and duties of the Employer and the Engineer are identified and discussed. Potential pitfalls are highlighted and likely consequences pointed out.

The importance of the Employer?s role in the preparation of tenders, which fully reflect his requirements and duties and obligations arising in the execution of the works, is emphasised. The key role of the Engineer in the effective administration of contracts after award is examined and commentary provided.

Included in the guide are a number of appendices, including model letters which will be of value to less experienced staff (particularly those whose mother-tongue is not the English language).

Engineers, quantity surveyors and project managers engaged in the contractual administration of international projects using FIDIC forms of contract will find the concise guidance in simple and jargon-free language provided here invaluable.

This, together with the author?s earlier book, Contractor?s Guide to the FIDIC Conditions of Contract - which describes the duties, rights and responsibilities of the Contractor ? represents the totality of supervision, design and execution of construction projects executed under the FIDIC Conditions of Contract.

This book?s companion website offers invaluable resources to freely download, adapt and use:

• Model letters for use by the Employer
• Model letters for use by the Contractor
• Sample Interim Payment Certificate
• Model Form for Submissions to the Engineer
• Model Form of Engineer?s Order for Varied Works
• Model Form of Daywork/Daily Record Sheets

Preface vii

Acknowledgements and Dedication xi

Chapter 1 The Employer and the FIDIC Conditions of Contract for Construction (CONS) – ‘The Red Book’ 1

Chapter 2 The Engineer and the FIDIC Conditions of Contract for Construction (CONS) – ‘The Red Book’ 71

Appendices 145

Appendix A Conditions of Contract for Plant and Design-Build 1999 (P & DB) ‘The Yellow Book’ 147

Appendix B Conditions of Contract for EPC/Turnkey Projects (EPCT) ‘The Silver Book’ 150

Appendix C Other FIDIC Publications 151

Appendix D Employer’s Claims under a CONS Contract 153

Appendix E Contractor’s Claims under a CONS Contract 154

Appendix F Preparation of Interim Payment Certificates 156

Appendix G Model Form for Submissions to the Engineer for Approval and/or Consent 160

Appendix H Model Form of Engineer’s Order for Varied Works 161

Appendix I Model Form of Daywork/Daily Record Sheets 162

Appendix J Model Letters for Use by the Employer 164

Appendix K Model Letters for Use by the Engineer 175

Introduction to Indexes 205

Index of Sub-Clauses (FIDIC System) 206

Index of Sub-Clauses (sorted according to FIDIC Clause numbering system) 212

THE AUTHOR

Michael D. Robinson, Independent Consulting Engineer has 50 years of experience with contract management and contractual issues for major civil engineering projects worldwide. He has extensive experience with dispute resolution, engineers' decisions, dispute resolution boards and he lectures on the practical on-site usage aspects of FIDIC contracts.