The FIDIC Contracts Guide CONDITIONS OF CONTRACT FOR CONSTRUCTION CONDITIONS OF CONTRACT FOR PLANT AND DESIGN-BUILD CONDITIONS OF CONTRACT FOR FOR EPC/TURNKEY PROJECTS

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With the development of theory and practice of the international project claim management, the contractor carrying out the contract claims is no longer based solely on the contract agreement, but rather towards the combination of contractual and legal trends. In FIDIC Conditions of Contract for Civil Engineering Construction (Red Book, 1987 edition), there has a more comprehensive description and requirements of the rights of the employer, engineer and the contractor. So the specific acts of the parties involved the contract may result in "Breach of Contract" and trigger claims of time and cost. In this paper, according to a further analysis of a series of claim cases based on the Red Book we have studied the background of the contractual and legal of "Breach of Contract" in depth.

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Abstract: The paper describes the main features of the 1999 Edition of FIDIC's Red Book, possibly the most commonly used standard-form construction contract in international projects. The paper is addressed to construction professionals who already have an understanding of English construction contracts but have not yet looked into FIDIC contracts. The 1999 Red Book is for use when the Contractor has been given the design by the Employer. The contract features General and Particular Conditions, the latter of which have to be drafted by the parties before the contract is entered into. A typical feature of the 1999 Red Book is the role of the Engineer. Whether he has to act for the Employer or whether he has to make a fair determination depends on the matter in question. There are two striking differences from the contract JCT SBC 2005 regarding claims of the Contractor. First, only the 1999 Red Book contains strict time bars. Second, the clauses which contain events that justify claims are spread out over the whole contract and not contained in comprehensive lists of events. New features are clause 13.2 on Value Engineering and clause 20 on the impartial Dispute Adjudication Board (DAB).

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