FIDIC SILVER BOOK PDF
FIDIC - Conditions of Contract for EPC-Turnkey instruktsiya.info NY 01/03/09 PM. GENERAL CONDITIONS. GUIDANCE. negative to FIDIC's "Silver Book" and contained some disparaging and contract and particularly the Silver Book, FIDIC feels a bit like a judge required. Conditions of Contract for EPC Turnkey Projects (Second Edition, ). General Conditions; Guidance for the Preparation of particular conditions and Annexes.
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FIDIC (Silver Book) - EPC Contract - instruktsiya.info - Download as PDF File .pdf) or read online. FIDICSilver - FIDIC Silver Book (Conditions of Contract for EPC_Turnkey Projects) pdf - Ebook download as PDF File .pdf), Text File .txt) or read. FIDIC Silver Book - Download as PDF File .pdf), Text File .txt) or read online.
FIDIC wishes to record its appreciation of the time and effort devoted by all the above.
Disclosure of Personal Data
Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer. Conditions of Contract for EPC Turnkey Projects, which are recommended where one entity takes total responsibility for the design and execution of an engineering project.
Short Form of Contract, which is recommended for building or engineering works of relatively small capital value. Depending on the type of work and the circumstances, this form may also be suitable for contracts of greater value, particularly for relatively simple or repetitive work or work of short duration.
The forms are recommended for general use where tenders are invited on an international basis. Modifications may be required in some jurisdictions, particularly if the Conditions are to be used on domestic contracts.
FIDICSilver2017 - FIDIC Silver Book (Conditions of Contract for EPC_Turnkey Projects) 2017.pdf
The sub-clauses which were considered to be applicable to many but not all contracts have been included in the General Conditions, which will facilitate their incorporation into each contract. The General Conditions and the Particular Conditions will together comprise the Conditions of Contract governing the rights and obligations of the parties.
It will be necessary to prepare the Particular Conditions for each individual contract, and to take account of those sub-clauses in the General Conditions which mention the Particular Conditions. For example, Sub-Clause This Sub-Clause becomes inapplicable even if it is not deleted if it is disregarded by not specifying the amount of the advance.
It should therefore be noted that some of the provisions contained in the General Conditions may not be appropriate for an apparently-typical contract. Further information on these aspects, example wording for other arrangements, and other explanatory material and example wording to assist in the preparation of the Particular Conditions and the other tender documents, are included within this publication as Guidance for the Preparation of the Particular Conditions.
Before incorporating any example wording, it must be checked to ensure that it is wholly suitable for the particular circumstances; if not, it must be amended. Where example wording is amended, and in all cases where other amendments or additions are made, care must be taken to ensure that no ambiguity is created, either with the General Conditions or between the clauses in the Particular Conditions.
It is essential that all these drafting tasks, and the entire preparation of the tender documents, are entrusted to personnel with the relevant expertise, including the contractual, technical and procurement aspects.
If the Contractor is to carry such risks, the Employer obviously must give him the time and opportunity to obtain and consider all relevant information before the Contractor is asked to sign on a fixed contract price.
The Employer must also realize that asking serious contractors to price such risks will increase the construction cost and result in some projects not being commercially viable. Even under such contracts the Employer does carry certain risks such as the risks of war, terrorism and the like and the other risks of Force Majeure, and it is always possible, and sometimes advisable, for the Parties to discuss other risk sharing arrangements before entering into the Contract.
In the case of BOT Build - Operate - Transfer projects, which are normally negotiated as a package, the allocation of risk provided for in the turnkey construction Contract negotiated initially between the Sponsors and the EPC Contractor may need to be adjusted in order to take into account the final allocation of all risks between the various contracts forming the BOT package.
Apart from the more recent and rapid development of privately financed projects demanding contract terms ensuring increased certainty of price and performance, it has long been apparent that many employers, particularly in the public sector, in a wide range of countries have demanded similar contract terms, at least for turnkey contracts.
This need of many employers has not gone unnoticed, and FIDIC has considered it better for all parties for this need to be openly recognised and regularised. By providing a standard FIDIC form for use in such contracts, the Employer's requirements for more risk to be taken by the Contractor are clearly stated.
Table of Contents
Thus the Employer does not have to attempt to alter a standard form intended for another risk arrangement, and the Contractor is fully aware of the increased risks he must bear.
Clearly the Contractor will rightly increase his tender price to account for such extra risks. The Tenderer should then be permitted and required to verify all relevant information and data and make any necessary investigations. He shall also carry out any necessary design and detailing of the specific equipment and plant he is offering, allowing him to offer solutions best suited to his equipment and experience. Therefore the tendering procedure has to permit discussions between the Tenderer and the Employer about technical matters and commercial conditions.
All such matters, when agreed, shall then form part of the signed Contract. Thereafter the Contractor should be given freedom to carry out the work in his chosen manner, provided the end result meets the performance criteria specified by the Employer. Consequently, the Employer should only exercise limited control over and should in general not interfere with the Contractor's work.
Clearly the Employer will wish to know and follow progress of the work and be assured that the time programme is being followed. A feature of this type of contract is that the Contractor has to prove the reliability and performance of his plant and equipment.
FIDIC’s Silver Book – Payments due shall not be withheld … really?
It has become the tradition that FIDIC contracts are known in popular parlance by the colour of their cover. Because of the broad support it enjoys, FIDIC contracts are the foremost contracts in international construction.
The organisation has added new forms of contract, replaced previous ones and updated important terms. The old Yellow Book First published in with the third and last edition in The Orange Book The first and only edition of this contract was released in The new Red Book Released in The Red Book is suitable for contracts that the majority of design rests with the Employer.
The new Yellow Book Released in The Yellow Book is suitable for contracts that the contractor has the majority of the design responsibility. The Silver Book Released in Any instruction so confirmed or varied shall be taken as an instruction under Sub-Clause The forms are recommended for general use where tenders are invited on an international basis.
The introductory note of the Silver Book states that the aim of the Book is to give certainty as to the time and costs of the works. FIDIC very much appreciates the time and effort devoted by all the above persons.
Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer.
UK past Chairman.
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