You cant use any clause which is not in your contract.
But in case you dont have any clause for a specific issue, you can negotiate the solution based on FIDIC as a common rule of practice instead of trying to reinvent the wheel!!!
Regards
Member for
22 years 4 months
Member for22 years4 months
Submitted by Shahzad Munawar on Fri, 2007-11-30 12:02
Member for
22 years 3 monthsRE: Non FIDIC based greement
Hi Khwaja,
I have a few questions for you:
1. What is your Contract conditions based on, if it is not FIDIC(is it JCT ?)? Else, what?
2.Which particular clause in FIDIC do you want to refer to and why?
3. What does your corresponding clause in your contract state ?
I feel if you can provide more details, our friends here will be in a better position to answer
cheers
Soumendu
Member for
18 years 3 monthsRE: Non FIDIC based greement
No,
But if thr is any hint regarding, use of FIDIC in case of dispute or clarrification is given in a contract.
then giving the same referance you can use the FIDIC.
Cheers,
Abhi
Member for
19 years 2 monthsRE: Non FIDIC based greement
Hi,
You can’t apply any clause which is not mentioned in your contract.
Member for
18 years 1 monthRE: Non FIDIC based greement
You cant use any clause which is not in your contract.
But in case you dont have any clause for a specific issue, you can negotiate the solution based on FIDIC as a common rule of practice instead of trying to reinvent the wheel!!!
Regards
Member for
22 years 4 monthsRE: Non FIDIC based greement
Absolutely No.
Member for
18 yearsRE: Non FIDIC based greement
Khawaja,
Its a big NO... However, you can check "GOVERNING LAW" or "JURISDICTION" clauses in you contract, in case of diputes, arbitration and the like.
Regards