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| The superiority of FIDIC's dispute
arbitration is known by its ability in England, where only 160
of about 10,000 disputes were appealed to a higher court. |
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Introduction of FIDIC |
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RED BOOK (construction)
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A book handling design, civil
engineering, construction and electricity consisting of
20 headings and 163 subheadings. |
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YELLOW BOOK(plant)
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Civil engineering, construction,
electricity, etc. |
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SILVER BOOK(turn-key)
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Design, PM, engineering, procurement,
facility installation, etc. |
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GREEN BOOK
(simple contract ) : |
Contracts for
design, civil engineering, construction, electricity, etc.
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Examination of Major Factors of Contract Terms and Conditions
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Claim :
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RED BOOK 2.1 stipulates that if
the additional payment is not provided when the constructor
extends the construction period, the constructor shall notify
the construction supervisor of it within 18 days. If the
constructor does not notify that, the extension of construction
period shall not be valid nor will additional payment be
made and the responsibility of the order placer shall be
exempted.
Also 2.4 requires the constructor to prove his ability to
supply funds.
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Dispute Arbitration:
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RED BOOK 20.1 stipulates that
in the case of a design builder, if there is no construction
supervisor, the order placer shall take the responsibility
of the construction supervisor. In this case, because the
contract is a fixed amount, the constructor may try to reduce
the costs in consideration of economical aspect. Therefore,
it is important for the order placer to monitor the construction
on the site. Moreover, it should be noted that the constructor
cannot change the design and the order placer can be claimed
against for any failure to perform the basic requirements
In the case of EPC TURN-KEY project, the order placer can
perform his duties therein if he has no time and the constructor
shall perform its duties therein after analyzing risks accurately.
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Items included
in the contract special terms and conditions: |
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Letter of bidding
intention (A TOT ), specifications, special terms and conditions
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Items included
in the letter of bidding intention : |
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order placer, constructor,
construction supervisor, time schedule, loss notification
period, transmission system, concerned laws and regulations,
choice of official language, working hours, insurance, appoint
of arbitrators, construction safety regulations, penalty
for delay and maximum penalty thereof, scope of total amount
adjustment, total advance payment, extent of constructor's
fund supply ability, the present status of constructor's
funds, least provisional payments, order placer's maximum
insurance premium against risks, least insurance premium
for risks on third parties |
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It's recommendable that
simple tax statements shall be possible within 500,000 dollars
excluding the construction supervisor, and one arbitrator shall
be appointed and if a dispute arises, the arbitration board shall
be formed.
FIDIC contracts shall be written in English.
The difference between RED BOOK and YELLOW BOOK is whether the
time of forming DAB( dispute arbitration board) is from the time
of signing a contract or after a dispute has arisen. However,
it is necessary to form the DAB at the time of making a contract
like RED BOOK.
The priorities on documents are the written contract(1st), the
letter of acceptance(2nd), special terms and conditions(3rd),
and general terms and conditions(4th) in the descending order.
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