ABOUT FIDIC RED AND ORANGE BOOK
The FIDIC Condition of Contract is a comprehensive document which contains general Condition of Contract together with a Form of Tender and Form of Agreement – all of which are essential parts of the Contract under which the Civil Engineering works of the Enterprise are to be performed.
The FIDIC Conditions of Contract are divided into separate parts, each serving the purpose of collecting together clauses applicable to most forms of construction, to allow the Employer to define any special arrangements or conditions which he requires to control effectively his function in the Enterprise, and also to identify clearly whether he or the Contractor is to accept specified constructional or financial risks.
Part I contains standardised clauses in respect of responsibilities, authorities, liabilities, each to the other, and in general terms gives a clear explanation of the nature and standards of the construction required but, more particularly, to the Contractor, provides specific definitions of the timing and the basis of the payment he is to receive.
Part II identifies again the selected conditions already contained in Part I, for particular application. These clauses gives positive identification to the name of the Employer and the Engineer and also the specific involvement of the Employer and a number of clarifications in respect of inter alia insurance, liquidated damages, nominated sub-contractors, certificates and payments.
The remaining parts of the document are the Form of Tender and Form of Agreement, and these need not be limited to the terms as listed therein because further terms could be added as necessary should circumstances are the wishes of the Employer or the Contractor make his desirable, but the content of any such conditions once accepted cannot be modified other than by mutual agreement of the two parties involved in contact.
There are two aspects of the construction that the Employer needs to...
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