Lecture. (Hyun Hak Bong) Understanding of FIDIC Documents 2017 Edition (KOICA 2019) Rev0 20190729
Lecture. (Hyun Hak Bong) Understanding of FIDIC Documents 2017 Edition (KOICA 2019) Rev0 20190729
Lecture. (Hyun Hak Bong) Understanding of FIDIC Documents 2017 Edition (KOICA 2019) Rev0 20190729
1957 : 1st 1969 : 2nd 1977 : 3rd 1987 : 4th 1992, 1996 : Revised 1999 : 1st Edition 2017 : 2nd Edition
RED [Conditions of Subcontract for Works of Civil Engineering Construction] 1994, 2010 : 2nd Edition
PINK BOOK [Conditions of Contract for Construction] (MDB Hamonized Edition) 2004, 2006, 2010 (3rd)
BLUE-GREEN BOOK [Form of Contract for Dredging and Reclamation Works) 2006 : 1st Edition 2016 : 2nd Edition
1999 : SHORT FORM of Contract [GREEN BOOK] Conditions of Contract for EPC/TURNKEY Projects
GOLD BOOK [Conditions of Contract for Design, Build and Operate Projects 2008 : 1st Edition
STRAIGHTFORWARD PROJECT ?
EMPLOYER DESIGN ?
no yes
yes
no
If there is insufficient time or information for tenderers to scrutinise and check the Employer’s
Requirements or for them to carry out their designs, risk assessment studies and estimating;
If construction will involve substantial work underground or work in other areas which
tenderers cannot inspect, unless special provisions are provided to account for unforeseen
conditions or
If the Employer intends to supervise closely or control the Contractor’s work, or to review most
of the construction drawings.
Retention Money
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Construction Contract Risk Management
3. Differences in Contents
1. General Provisions
1.1 Definitions
1.2 Interpretation
1.3 Notice and other Communications
1.4 Law and Language
1.5 Priority of Documents
1.6 Contract Agreement
1.7 Assignment
1.8 Care and Supply of Documents
1.9 Delayed Drawings and Instructions (Y : Error’s in the Employer’s Requirements. S : deleted)
1.10 Employer’s Use of Contractor’s Documents (S : 1.9)
1.11 Contractor’s Use of Employer’s Documents (S : 1.10)
1.12 Confidentiality (S : 1.11)
1.13 Compliance with Laws (S : 1.12)
1.14 Joint and Several Liability (S : 1.13)
1.15 Limitation of Liability (S : 1.14)
1.16 Contract Termination (S : 1.15)
9. Tests on Completion
9.1 Contractor’s Obligations
9.2 Delayed Tests
9.3 Retesting
9.4 Failure to Pass Tests on Completion
19. Insurance
19.1 General Requirements
19.2 Insurance to be provided by the Contractor
Contractor’s obligation
Contractor shall be responsible for the accuracy of
Employer’s Requirements(including design criteria
and calculations)
Employer’s responsibility is limited to
correctness of followings:-
Contractor’s obligation - portions, data and information which are
Design comply with the criteria stated in the Contract as being immutable or the resp
to the extent specified in the Contract
[Obligation] stated in the Employer’s onsibility of the Employer
Requirements - definition or intended purpose of the
Works or any parts thereof
- criteria for the testing and performance of
the completed Works
- portions, data and information which
cannot be verified by the Contractor except as otherwi
se stated in the Contract
Contract Agreement
Contract Agreement
Letter of Acceptance
Letter of Acceptance
Letter of Tender
Letter of Tender (Letter of Bid) Contract Agreement
These Conditions
These Conditions These Conditions
Employer’s Requirements
Specification Employer’s Requirements
Schedules[completed by the Contractor,
Contract Drawings Schedules
include Schedule of Payment, data, list
Document Schedules [completed by the Contractor, Tender
and schedule of rates/prices]
include Bill of Quantities, Schedule of Payment, data, list and JV Undertaking (if any)
Contractor’s Proposal
schedule of rates/prices] further Documents listed in
JV Undertaking (if any)
JV Undertaking (if any) the Contract Agreement
further Documents listed in the
further Documents listed in the Contract
Contract Agreement or in the Letter of A
Agreement or in the Letter of Acceptance
cceptance
In the Conditions of Contract, …
the following words and
Definition In the Contract the following words and expression shall have the meaning stated…
expression shall have the
meanings stated.
Accepted Contract Amount: amount accepted in the Letter of Acceptance
Contract Price
means the amount stated in the Contract
Contract Price
Contract Price Contract Price Agreement and includes adjustments.
shall be the value of Works
Contract Price shall be agreed and determined unde shall the lump sum Accepted Contract Am
(12.3) and subject to
r Sub-Clause 12.3 [Evaluation] and ount and be subject to adjustments, Payment for the Works shall be made on
adjustments, additions (Cost)
subject to adjustments. additions Cost) and/or deductions. the basis of the lump sum Contract Price
and/or deductions.
(in Contract Agreement) subject to
adjustments, additions(Cost) and/or
deductions.
very detailed procedures are provided for agreement (42 days) or determination (another 42 days)
under Sub-Clause 3.7 (Red, Yellow)/ 3.5 (Silver)
NOD(Notice of Dissatisfaction) is newly introduced and time-bar shall be applied if a Party fails to
Agreement or Engineer shall give notice of agreement or issue NOD within 28 days
Determination determination within 28 days from the receipt. -> in this case, Engineer’s(Red, Yellow)/Employer’s Representative’s(Silver) determination shall be
final and binding.
If the Employer/Contractor fails to comply with binding or final and binding determination, then the
other Party shall be entitled to terminate the Contract.
Right of
access(possession) xx days after the Commencement Date xx days after the Letter of Acceptance xx days after the Contract Agreement
to(of) the Site
a Variation
a cause of delay giving an a Variation
entitlement under these Conditions a cause of delay giving an
a Variation or other substantial change in the quantity of an item of work
exceptionally adverse climatic entitlement under these Conditions
included in the Contract (if measured quantity is greater than 10%, Red)
conditions any delay, impediment or
a cause of delay giving an entitlement under these Conditions
Unforeseeable shortages in the prevention caused by or
exceptionally adverse climatic conditions
availability of personnel or Goods attributable to the Employer, the
Unforeseeable shortages in the availability of personnel or Goods (or
Extension of Time (or Employer-Supplied Materials, if Employer’s personnel, or the
Employer-Supplied Materials, if any, Red) caused by epidemic or
for Completion any) caused by epidemic or Employer’s other contractors on
government actions
government actions the Site (or any Unforeseeable
any delay, impediment or prevention caused by or attributable to the
any delay, impediment or shortages in the availability of
Employer, the Employer’s personnel, or the Employer’s other
prevention caused by or Employer-Supplied Materials (if
contractors(Pink)/on the Site(Red)
attributable to the Employer, the any) caused by epidemic or
Employer’s personnel, or the government actions)
Employer’s other contractors on
the Site
Concurrent Delay not stated stated
using computer software is required
Programme detailed time programme initial programme(or revised programme) becomes Programme (if, Notice of No-objection is given)
more tailed requirements are included
Insuring Party : Contractor unless otherwise stated Insuring Party : Contractor
in the Particular Conditions required Insurance
required Insurance - Works, Plant, Materials and Contractor’s Documents
- Works, Plant, Materials and Contractor’s - Goods
Insurance
Documents - liability for breach of professional duty
- Contractor’s Equipment - injury to persons and damage to property
- injury to persons and damage to property - Contractor’s Personnel
- Contractor’s Personnel - other insurance required by Laws and by local practice
separate Sub-Clauses are applied for each Employer’s Claim and Contractor’s Claim are included in one Clause (20)
Employer’s Claim (2.5) and Contractor’s Claim for EOT and additional payment and also for other entitlement and relief.
Claim (20.1) time-bar is applied to both Employer’s and Contractor’s claim
for EOT and additional Payment time-bar is also applied to the time limit for submission of detailed particulars.
time-bar is applied only to Contractor’s claim another time-bar for NOD is introduced.
standing DAAB
DAAB standing DAB dispute avoidance procedure is introduced
time-bar is introduced for Arbitration
www.cplus.or.kr
TEL : 02-565-3920,1
FAX : 02-565-3923
E-mail : ceo@cplus.or.kr
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