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
Member for
17 years 11 months
Member for17 years11 months
Submitted by Mithun Rawale on Tue, 2008-05-20 07:25
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 Engineers 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.
Member for
18 years 5 monthsRE: FIDIC Conditions of contract
This may help u a bit.
http://www.soi.itb.ac.id/news/mjs/FIDIC.ppt
Or otherwise u need to purchase books from amazon.
http://www.amazon.com/FIDIC-Users-Guide-Incorporating-Harmonised/dp/072…
or u may find this too useful. http://www.ciria.org.uk/acatalog/X406.html
Cheers,
Ravi
Member for
17 years 11 monthsRE: FIDIC Conditions of contract
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.
Member for
21 years 4 monthsRE: FIDIC Conditions of contract
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
Member for
17 years 11 monthsRE: FIDIC Conditions of contract
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 Engineers 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 mithun.rawale@yahoo.com. please forward ur e-mail ID.
Mithun
Member for
18 years 5 monthsRE: FIDIC Conditions of contract
Hi Mithun,
This question is too broad to answer. Can u be more specific?