In September 1999, FIDIC introduced its new Suite of Contracts,
which included a "new" Red, Yellow, Silver and Green forms of
contract. The "new" Red Book was intended to replace the 1992
fourth edition of the Red Book, with the ambition that its use
would cease with time. This ambition has not materialised and is
unlikely to do so in the future.
Despite the importance of the 1999 Forms, there has been very
little published on the new concepts adopted in them and how they
interact with the previous forms. This important work considers
these aspects together with the many developments affecting the
fourth edition of the Red Book that have taken place since 1997,
when the second edition of this book was published, and relates
them to key contracting issues. It is written by a chartered
engineer, conciliator and international arbitrator with wide
experience in the use of the FIDIC Forms and in the various dispute
resolution mechanisms specified in them.
Important features of this book include:
- background and concepts of the various forms of
contract;
- a detailed comparison of the wording of the1999 three main
forms, which although similar in nature; it nevertheless
significantly differs in certain areas where the three forms
diverge due to their intended purpose;
- analysis of the rights and obligations of the parties involved
in the contract and the allocation of risks concerned;
- a range of 'decision tree' charts, analysing the main features
of the 1992 Red Book, including risks, indemnities and insurances,
claims and counterclaims, variations, procedure for claims,
programme and delay, suspension, payments and certificates, dispute
resolution mechanisms, and dispute boards;
- a much enlarged discussion of the meaning of "claim" and
"dispute" and the types of claim with a discussion of the Notice
provision in the 1999 forms of contract for the submittal of claims
by a contractor and by an employer;
- the FIDIC scheme of indemnities and insurance requirements;
and the methods of dispute resolution provided by the various forms
of contract; and
- five new chapters in this third edition, the first four
chapters deal with each of the 1999 forms and the fifth chapter is
confined to the topic of Dispute Boards.
General
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