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Welcome to DRBF ConferenceWelcome to DRBF Conference

Eng. Dr. Kamal Adnan Malas

Some misapplications of FIDIC Red BookSome misapplications of FIDIC Red Book 19871987

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Some misapplications of FIDIC Red BookSome misapplications of FIDIC Red Book 19871987

5-2 Priority of contract documents

Extending the Completion date

Handing Over Certificate

44-1

48-1

Variations

Claims

Funny Arbitration Clause67

51-1

53-2

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The Engineer cancelled the Priority of Documents Clause.

The Result:

Some misapplications of FIDIC Red BookSome misapplications of FIDIC Red Book 19871987

5-2 Priority of Contract Documents

In case of contradiction between the documents (which is

common practice). And after that the dispute is to be

resolved through Arbitration.

Then the result in the Arbitration is unknown due to the factthat the Arbitrator is not bound with any condition

regarding the priority of documents.

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The Engineer ignores the contractor requests, and did not

give any decision regarding time for completion.

The Engineer gives variations order with out considering any

Extension Of Time (EOT)44-1

Some misapplications of FIDIC Red BookSome misapplications of FIDIC Red Book 19871987

extension of time leaving that till the end of the project?

The Result:

In case of termination of contract then may be the result is

not as per the engineer and (the employer) thoughts. theymissed the chance to agree with the contractor about Its request

for EOT.

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The Engineer refuses to sign the handing over certificate, in-

spite that he signed the Municipality completion certificate.

After signing the Municipality certificate the Engineer giver

new variation orders to the contractor, and refuses to sign the

Some misapplications of FIDIC Red BookSome misapplications of FIDIC Red Book 19871987

Handing over certificate48-1

handing over certificate before the executing of these newvariations.

The Engineer issued the handing over certificate with out

informing the contractor.

The Engineer continue issuing snag lists and always mention

that the work is not done even if he has letter from thecontractor informing the engineer tat the snag list work is done.

The Result:

Many disputes between the employer and the contractor which

lead to big losses ( always the employer pay the price of the

Engineer bad decision)

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The Engineer cancel the maximum variation limit ( %25 )

and leave it o en ( He thinks that he could increase the

Some misapplications of FIDIC Red BookSome misapplications of FIDIC Red Book 19871987

Variations51-1

variation in this way )

The Result:

In civil Law countries ( The employer ) looses his right to order

the contractor to execute variations with the same break down

prices of the contract.

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Some misapplications of FIDIC Red BookSome misapplications of FIDIC Red Book 19871987

Claims52-1

The Engineer refuse to give decision about the claims, and

postponed them till the end of the Project. The Engineer refuse to give decision about the claims, andpostponed them till the end of the Project.

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Examples:

All disputes will be resolved through Arbitration, and after

completing the Arbitration procedures then recourse to courts.

Funny arbitration clauses67

Some misapplications of FIDIC Red BookSome misapplications of FIDIC Red Book 19871987

The Engineer is the sole Arbitrator and his decisions are finaland binding.

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Thank

Some misapplications of FIDIC Red BookSome misapplications of FIDIC Red Book 19871987

Eng. Dr. Kamal Adnan Malas