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Fidic epc turnkey contract free download.Download Fidic (silver Book) – Epc Contract – Original.pdf
Pages·· MB·3, Downloads·New! Guide to the FIDIC Conditions of Contract sets out the essential administrative requirements of a. FIDIC -Conditions of Contract for EPC-Turnkey replace.me Download Free PDF View PDF · A Contractor’s Guide to the FIDIC Conditi ons of Contract.
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By using our site, you agree to our collection of information through the use of cookies. To learn more, view our Privacy Policy. To browse Academia. These risk sharing principles have been beneficial for both parties, the Employer signing a contract at a lower price and only having further costs when particular unusual risks actually eventuate, and the Contractor avoiding pricing such risks which are not easy to evaluate.
The principles of balanced risk sharing are continued in the new “Construction” and “Plant and Design-Build” Books. Hari Haran. Nguyen Quoc Cuong.
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Mike Ugwu. Related Papers. Several minor typographical errors and layout irregularities have also been corrected. Sub-Clause During recent years it has been noticed that much of the construction market requires a form of contract where certainty of final price, and often of completion date, are of extreme importance.
Employers on such turnkey projects are willing to pay more – sometimes considerably more – for their project if they can be more certain that the agreed final price will not be exceeded.
Often the construction project the EPC – Engineer, Procure, Construct – Contract is only one part of a complicated commercial venture, and financial or other failure of this construction project will jeopardize the whole venture. For such projects it is necessary for the Contractor to assume responsibility for a wider range of risks than under the traditional Red and Yellow Books.
To obtain increased certainty of the final price, the Contractor is often asked to cover such risks as the occurrence of poor or unexpected ground conditions, and that what is set out in the requirements prepared by the Employer actually will result in the desired objective. 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 responsible 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 type 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 total package.
Apart from the more recent and rapid development of privately financed projects demanding contract terms ensuring increased certainty of price, time 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 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 NY Fie 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. 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 recognizes that privately-financed projects are usually subject to more negotiation than publicly-financed ones and that therefore changes are likely to have to be made in any standard form of contract proposed for projects within a BOT or similar type venture. Among other things, such form may need to be adapted to take account of the special, if not unique, characteristics of each project, as well as the requirements of lenders and others providing financing.
Nevertheless, such changes do not do away with the need for a standard form. Drafts were reviewed by many persons and organisations, including those listed below.
Their comments were duly studied by the Update Task Group and, where considered appropriate, have influenced the wording of the clauses. Acknowledgement of reviewers does not mean that such persons or organizations approve of the wording of all clauses. FIDIC wishes to record its appreciation of the time and effort devoted by all the above. Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer.
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. The sub-clauses which were considered to be applicable to many but not all contracts have been included in the General Conditions, in order to 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 this publication, the General Conditions were prepared on the following basis: NY 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 a check-list 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.
This publication concludes with example forms for the Letter of Tender, the Contract Agreement, and alternatives for the Dispute Adjudication Agreement. This Dispute Adjudication Agreement provides text for the agreement between the Employer, the Contractor and the person appointed to act either as sole adjudicator or as a member of a three-person dispute adjudication board; and incorporates by reference the terms in the Appendix to the General Conditions.
In order to clarify the sequence of Contract activities, reference may be made to the charts on the next two pages and to the Sub-Clauses listed below some Sub-Clause numbers are also stated in the charts.
The charts are illustrative and must not be taken into consideration in the interpretation of the Conditions of Contract. The Time for Completion is to be stated in the Particular Conditions as a number of days, to which is added any extensions of time under Sub-Clause 8. In order to indicate the sequence of events, the above diagram is based upon the example of the Contractor failing to comply with Sub-Clause 8.
The Defects Notification Period is to be stated in the Particular Conditions as a number of days, to which is added any extensions under Sub-Clause Depending on the type of Works, Tests after Completion may also be required. Words indicating persons or parties include corporations and other legal entities, except where the context requires otherwise.
Persons 1. Completion 1. If no such period is stated in the Particular Conditions, 2 NY However: i if the recipient gives notice of another address, communications shall thereafter be delivered accordingly; and ii if the recipient has not stated otherwise when requesting an approval or consent, it may be sent to the address from which the request was issued.
Approvals, certificates, consents and determinations shall not be unreasonably withheld or delayed. If there are versions of any part of the Contract which are written in more than one language, the version which is in the ruling language stated in the Particular Conditions shall prevail. The language for communications shall be that stated in the Particular Conditions. If no language is stated there, the language for communications shall be the language in which the Contract or most of it is written.
The costs of stamp duties and similar charges if any imposed by law in connection with entry into the Contract Agreement shall be borne by the Employer. However, either Party: 5 NY If a Party becomes aware of an error or defect of a technical nature in a document which was prepared for use in executing the Works, the Party shall promptly give notice to the other Party of such error or defect.
The Contractor shall not publish, permit to be published, or disclose any particulars of the Works in any trade or technical paper or elsewhere without the previous agreement of the Employer. The Contractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of the Contract. The right and possession may not be exclusive to the Contractor. However, the Employer may withhold any such right or possession until the Performance Security has been received.
After receiving this notice, the Employer shall proceed in accordance with Sub-Clause 3. If the Employer intends to make any material change to his financial arrangements, the Employer shall give notice to the Contractor with detailed particulars. However, notice is not required for payments due under Sub-Clause 4.
The notice shall be given as soon as practicable after the Employer became aware of the event or circumstances giving rise to the claim. A notice relating to any extension of the Defects Notification Period shall be given before the expiry of such period. The Employer shall then proceed in accordance with Sub-Clause 3. The Employer may deduct this amount from any moneys due, or to become due, to the Contractor. The assignment, delegation or revocation shall not take effect until a copy of it has been received by the Contractor.
Assistants shall be suitably qualified persons, who are competent to carry out these duties and exercise this authority, and who are fluent in the language for communications defined in Sub-Clause 1.