FIDIC Conditions of contract

Project Management Issues Discussion
M
Mithun Rawale 👤 Member for 18 years 6 months
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Dear Stuart,



thanks a lot for the info. Actually i wanted flow charts in order to make presentation of the FIDIC red book conditions to my management team.

can you help me on this.

S
Stuart Ness 👤 Member for 21 years 11 months
· Permalink



My suggestions are as follows:



1. It is not necessary for regular contractual correspondence to cite specific Clauses of the Contract. Reference to specific Contract Clauses does provide clarity, reduce ambiguity and is an aid to the reader in ensuring that full understanding of the writer is met. But the correspondence is not ’null and void’ if it fails to specify the Clause pertinent to the matter under consideration.



2. Under Clause 3.5 of the FIDIC Red Book, the Engineer shall make a determination in accordance with the Contract and each party shall give effect to the determination...until revised under Clause 20; so the answer to your question is ’yes’.



3. Not sure why you require pretty charts to interpret FIDIC, but at the front pages of the Guidance Book, there are three flow charts in regard to Principal Events during Construction Contract, for Payment Events and for Dispute Events.



Hope this helps,



Stuart

M
Mithun Rawale 👤 Member for 18 years 6 months
· Permalink

Hi raviraj,



Sorry for that and to my queries as,



1. In FIDIC context if the correspondance specifically does not include FIDIC clause references, in that case whether the notice/correspondance becomes invalid or it has makes any difference.



2. whether Engineer’s determination on claims will be binding on parties till DB is formed.



3. can u help me on providing some of FIDIC red book process flow charts.



my e-mail ID is [email protected]. please forward ur e-mail ID.



Mithun

A
A D 👤 Member for 19 years
· Permalink

Hi Mithun,



This question is too broad to answer. Can u be more specific?

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