1、1 FIDIC1 Evolution of FIDIC ContractsWhat is FIDIC?FIDIC, the International Federation of Consulting Engineers represents globally the consulting engineering industry. Geneva, Switzerland Founded in 1913, currently 78 Member Associations from all over the world. Internationally recognized, especiall

2、y for its high quality model contracts for international construction 1 Evolution of FIDIC ContractsFIDIC MODEL CONTRACTS: EARLY FORMSConditions of Contract for Works of Civil Engineering Construction (1957, 1965, 1977, 1987, 1992DAB)Conditions of Subcontract for Works of Civil Engineering Construct

3、ion (1994)Conditions of Contract for Works of Electrical and Mechanical Engineering (1963, 1980, 1987)Conditions of Contract for Design-Build and Turnkey Projects (1995)Model Service Agreement Between Client and Consultant (1979, 1990, 1998)1 Evolution of FIDIC ContractsFIDIC MODEL CONTRACTS:CURRENT

4、Red Book FIDIC s Construction Contract 1999Yellow Book FIDIC s Plant and Design-Build 1999Silver Book FIDIC s EPC Turnkey 1999Green Book FIDIC s Short Form 19992 Philosophy Behind ContractWhats the construction industry like?2 Philosophy Behind Contract“We come together with different goals.”CONTRAC

5、TOREMPLOYER2 Philosophy Behind ContractAny construction project is laden with risks, and risks cost money. Who is responsible for the losses if such risks eventuate? How contract is designed to deal with them?Who knows whats down below!2 Philosophy Behind Contract Flexibility Clarity and simplicity

6、Stimulus to good managementA good contract is, with the constraint of legal environment, always guided by very fundamental philosophy, as in NEC:which reduces transaction costs in perfuming the contract.2 Philosophy Behind ContractRationale for Risk Allocation in Contract: (Abrahamson, Ashley, Barne

7、s, Ward, Chapman &Curtis, Cheung, Zhang)Thus a risk should be allocated to the party:Incentive-compatible2 Philosophy Behind Contractif the risk is of loss due to his own willful misconduct or lack of reasonable efficiency or care;2 Philosophy Behind Contractif he can cover the risk by insurance and

8、 allow for the premium in settling his charges, and it is most convenient and practicable for the risk to be dealt with in this way;2 Philosophy Behind Contractif the preponderant economic benefit of running the risk accrues to him;2 Philosophy Behind Contractif it is in the interests of efficiency

9、to place the risk on him; 2 Philosophy Behind Contractif, when the risk eventuates, the loss happens all onto him in the first instance, and there is no reason under any of the above headings to transfer the loss to another, or it is impracticable to do so.2 Philosophy Behind Contractif, when the ri

10、sk eventuates, the loss happens to all on him in the first instance, and there is no reason under any of the above headings to transfer the loss to another, or it is impracticable to do so.2 Philosophy Behind Contractif it is the tradition for him to bear the risks .In China, wear as the Chinese do

11、!Risk Allocations in FIDIC FIDIC envisages two approaches in its model contracts:Pro-contractor: the Red Book, Green BookPro-employer: the Silver BookWhat about the Yellow Book? NeutralWe will focus on the analysis of Red Book and Silver Book.Risk Allocations in FIDIC 1 General Provisions2 The Emplo

12、yer3 The Engineer4 The Contractor5 Nominated Subcontractors6 Staff and Labour7 Plant, Materials and Workmanship8 Commencement, Delays and Suspension9 Tests on Completion10 Employers Taking Over11 Defects Liability12 Measurement and Evaluation13 Variations and Adjustments14 Contract Price and Payment

13、15 Termination by Employer16 Suspension and Termination by Contractor17Risk and Responsibility18 Insurance19 Force Majeure20 Claims, Disputes and ArbitrationThe Big Picture of the Red Book:Risk Allocations in FIDIC The Big Picture of the Silver Book1 General Provisions2 The Employer3 Employers Admin

14、istration4 The Contractor5 Design6 Staff and Labour7 Plant, Materials and Workmanship8 Commencement, Delays and Suspension9 Tests on Completion10 Employers Taking Over11 Defects Liability12 Tests after Completion13 Variations and Adjustments14 Contract Price and Payment15 Termination by Employer16 S

15、uspension and Termination by Contractor17Risk and Responsibility18 Insurance19 Force Majeure20 Claims, Disputes and ArbitrationRisk Allocations in FIDIC Main Risk-related Clauses:17.3 Employers Risks 19 Force Majeure 8.8 Suspension of Work ；4.10 Site Data 4.12 Unforeseeable Physical Conditions -Red4

16、.12 Unforeseeable Difficulties /5.1 General Design Obligations-Silver13 Variation and Adjustment Inflation and Change in Legislations8.4 Extension of Time for Completion8.5 Delays Caused by AuthoritiesRisk Allocations in FIDIC 17.3 Employers Risks Risk Allocations in FIDIC 19 Force Majeure Risk Allo

17、cations in FIDIC 4.12 Unforeseeable Physical Conditions -RedRisk Allocations in FIDIC 4.12 Unforeseeable DifficultiesRisk Allocations in FIDIC 5.1 General Design Obligations-SilverRisk Allocations in FIDIC 8.4 Extension of Time for CompletionRisk Allocations in FIDIC Does risk allocation really matt

18、er?No, if under full insurance CoverYes, if under inadequate insurance CoverWhat is the reality in the insurance market?4. Concluding Remarks with Q&AMost of the risks can be covered by insurance.Each party should be more concerned with its own behavior risks.The biggest risk is the ignorance of ris

19、ks!Cooperate, Cooperate and Cooperate.identifyAnalyzeRespondMonitorHow do we deal with risks?Additional RemarksAvoidanceMitigationTransferReservationLINKConditions of Contract for ConstructionConditions of Contract for Plant and Design-BuildConditions of Contract for EPC/Turnkey ProjectsShort Form o

20、f ContractContract documents of FIDIC 99CONSConditions of Contract for ConstructionAre recommended for building or engineering works designed by the Employer or by his representative, the Engineer. Under the usual arrangements for this type of contract, the Contractor constructs the works in accorda

21、nce with a design provided by the Employer. However, the works may include some elements 構件 of Contractor-designed civil, mechanical, electrical and/or construction works.P&DBConditions of Contract for Plant and Design-Build Which are recommended for the provision of electrical and/or mechanical pla

22、nt , and for the design and execution of building or engineering works. Under the usual arrangements for this type of contract, the Contractor designs and provides, in accordance with the Employers requirements, plant and/or other works; which may include any combination of civil, mechanical, electr

23、ical and/or construction works.EPCTConditions of Contract for EPC/Turnkey Projects Which are recommended for the provision on a turnkey basis of a process or power plant, and which may also be used where one entity takes total responsibility for the design and execution of a privately financed infrastructure project which involves little or no work underground. Under the usual arrangements for this type of contract, the entity carries out all the Engineering Procurement and Construction (“EPC”), providing a