1、FIDIC contract conditions although it is not the law, is not laws, but the FIDIC clause to be complete, content is complete, you may encounter in the engineering construction of all kinds of situation has made the description and the stipulations, for some problems of processing methods are very spe
2、cific and detailed provisions. Specify the owners risk, the risk of the contractor, the contractor to claim, engineering quantity calculation procedures, the progress of the payment procedure, completion settlement, dispute settlement procedures, etc. It is the world recognized as a kind of internat
3、ional practice. It along with the progress of the century has experienced the process from production to the development, and constantly improve. It is the main essence: fair, fair and open. Theoretically, FIDIC to the contractor, the owner, to consulting engineers are all equal, no one can above wh
4、o. Therefore, as the contractor should choose FIDIC, as far as possible in order to better protect their own economic interests and the legitimate rights. FIDIC and insisted on formation of buyers market, however, argued that the “buy“ (the owner) “sell“ (contractor) in the exchanges between the two
5、 sides, the use of economic constraints means, to maintain favorable conditions to the buyer. Therefore, in a sense, there is no absolute equality. (1) adopts the unlimited tender to choose the contractor; (2) of build engineer as the core of the performance of the contract management mode; (3) the
6、construction contract USES the unit price contract. FIDIC to adapt to the new development of international project contracting mode, structure system and unified, its biggest characteristic is: the program open, fair competition, equality of opportunity, this is a reasonable part of FIDIC, without p
7、rejudice to anyone, at least at the starting point. FIDIC has scientific and rigor; Its applicability is wide; FIDIC clause stipulates clearly the supervision engineer in the special position and role of the engineering construction; With impartiality and rationality. In the construction industry, i
8、t seems, FIDIC prominent advantage is that most of the terms and conditions of the intent and meaning for international contractor and consulting engineers are familiar with. In fact, they are more familiar than most lawyers. As a result, many dont need a lawyer can solve contract claim. Specificall
9、y, I think the FIDIC contract conditions has the following advantages: (1) context clear, strong logicality, risk sharing between the contractor and the owner fair, not ambiguous word. (2) to the owner and the contractors responsibility, the power of the engineers made specific provision, avoid too
10、much during the execution of a contract dispute and claim event occurs. (1) for every possible contingency, clearly define the risk of the owner and contractor respectively, and one of the direction of the other party put forward the reasonable conditions of the claim. (2) according to the specific
11、claim clause in detail, each of the project schedule, by measuring the project payment has finished engineering quantities to pay all have clear rules. (3) unless stated in the contract, the contractor of irresponsible and permanent engineering limited to construction according to drawing. (4) propr
12、ietary a rule by the engineers supervision of construction projects. This continental Europe and the UK is different, the owner power is very large. Engineers have broad to issue instructions to the contractor, for engineering changes. In return, according to the provisions of the contract, the cont
13、ractor shall have the right to is beyond the scope of its responsibility and complete the workload for a pay increase. (5) the contractor issued a notice of claim, save the record and provide evidence for the claim process. And claims should provide the evidence to satisfy the engineer in the range.
14、 6. There are specific provisions resolves disputes the owner and the contractor. 7) can be submitted for arbitration. FIDIC clause made in the past at the start of the contract both sides bogged down right in the face, then engage in a lawsuit because of severe economic disputes have to become hist
15、ory, the party awarding contract, the contractor is equal, according to the contract claims can occur at any time. This requires the parties to the contract management level to rapidly increase, the claim consciousness is gradually formed. (3) the universal applicability. Due to the FIDIC contract c
16、onditions is derived from the British ICE conditions, so it is with the original belong to the commonwealth country or region to use the standard contract conditions have great similarities. After mastering the FIDIC contract conditions, it is easy to grasp the country or region to use the standard
17、contract conditions. Per contract for a project should be clearly the responsibility of the contractor, and through a series of terms and conditions constitute the effective restriction on both the owner and the contractor. Contractors need to understand the related content, to fulfill the responsib
18、ility in the construction process, especially pay attention to avoid risks in a timely manner. Performance guarantee in accordance with the FIDIC clause (guarantee), the lack of economic strength of the construction unit of natural selection, and ensure the economic strength and advanced management
19、method, the high quality of the contractor, and ensure the project progress and quality. Adopts the way of FIDIC tender, according to the progress payment of 90%, this requires that the party must have advanced management system, strong financial strength to adopting FIDIC clause. Fundamentally put
20、an end to the project payment in arrears of the party awarding the contract, the project is completed for a long time not settlement “zombie, polygonal bonds“ phenomenon, FIDIC clause is fair considering the interests of both parties of the contract, the contract both sides has relations to achieve the overall balance, improve the overall efficiency of the project.
