FIDIC Conditions of Contract for Construction

Transcript:FIDIC Conditions of Contract for Construction:
FIDIC Conditions of Contract for Construction PRESENTED BY PROF. KARIM EL-DASH 1. GENERAL PROVISIONS 1.1 Definitions1 1.1.1 The Contract “Contract” means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Specification, the Drawings, the Schedules, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance. 1.1.2 Parties and Persons “FIDIC” means the Fédération Internationale des Ingénieurs-Conseils, the international federation of consulting engineers. 1.1.3 Dates, Tests, Periods and Completion “Base Date” means the date 28 days prior to the latest date for submission and Completion of the Tender. 1.1 Definitions2 1.1.4 Money and Payments “Cost” means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit. 1.1.5 Works and Goods “Goods” means Contractor’s Equipment, Materials, Plant and Temporary Works, or any of them as appropriate. 1.2 Interpretation The word “tender” is synonymous with “bid” The expression “Cost plus profit” require this profit to be 5% of this Cost unless otherwise indicated. 1.3 Communications Communications shall be: (a) in writing and delivered by hand (against receipt), sent by mail, or transmitted using any of the agreed systems of electronic transmission as stated in the Contract Data; and (b) delivered, sent or transmitted to the address for the recipient’s communications as stated in the Contract Data. 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. 1.3 Communications Approvals, certificates, consents and determinations shall not be unreasonably withheld or delayed. When a certificate is issued to a Party, the certifier shall send a copy to the other Party. When a notice is issued to a Party, by the other Party or the Engineer, a copy shall be sent to the Engineer or the other Party, as the case may be. 1.4 Law and Language The Contract shall be governed by the law of the country or other jurisdiction stated in the Contract Data. The ruling language of the Contract shall be that stated in the Contract Data. The language for communications shall be that stated in the Contract Data. 1.5 Priority of Documents the Contract Agreement , the