国际工程合同管理——FIDIC条款解析与案例

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Introduction
Chapter 1 FIDIC Introduction
Ⅰ Introduction of FIDIC history
Ⅱ FIDIC objectives
Ⅲ Types of members
1) Member Association
2) Affiliate Member
3) Associate Member
Ⅳ FIDIC publications
Ⅴ FIDIC vision
Ⅵ FIDIC mission
Ⅶ FIDIC values
1) Quality
2) Integrity
3) Sustainability
Chapter 2 FIDIC Contract Evolvement
Chapter 3 Characteristics of FIDIC Contract Language
Chapter 4 FIDIC Contract Series
Ⅰ Scope of application of 2017 version
Ⅱ Selection of 2017 version
Ⅲ Comparison of Contract Conditions Structure of 2017 version
Chapter 5 FIDIC ( 2nd Edition 2017) Main Changes in Contract Conditions
Ⅰ Comparison of the number of words
Ⅱ Engineers
Ⅲ Claims and prescription
Ⅳ Payment of contract prices
Ⅴ Interim Certificate of payment
Ⅵ Dispute Avoidance / Adjudication Board ( DAAB)
Ⅶ Risk-sharing and liability limits
Ⅷ Progress plan requirements and common delays
Ⅸ2017 Differentiated treatment of 2017 Series Conditions of Contract between Claims and Disputes
Ⅹ Project management thinking
Ⅺ Reciprocity relationship
Ⅻ FIDIC proposes five gold principles for the drafting of special conditions
Chapter 6 Contract Provison Interpretation and Cases
1 General Provisions
1.1 Definition
1.1.1 Accepted Contract Amount
1.1.2 Advance Payment Certificate
1.1.3 Advance Payment Guarantee
1.1.4 Base Date
1.1.5 Bill of Quantities
1.1.6 Claim
1.1.7 Commencement Date
1.1.8 Compliance Verification System
1.1.9 Conditions of Contract or these Conditions
1.1.10 Contract
1.1.11 Contract Agreement
1.1.12 Contract Data
1.1.13 Contract Price
1.1.14 Contractor
1.1.15 Contractor's Documents
1.1.16 Contractor's Equipment
1.1.17 Contractor's Personnel
1.1.18 Contractor's Representative
1.1.19 Cost
1.1.20 Cost Plus Profit
1.1.21 Country
1.1.22 DAAB
1.1.23 DAAB Agreement
1.1.24 Date of Completion
1.1.25 day
1.1.26 Daywork Schedule
1.1.27 Defects Notification Period
1.1.28 Delay Damages
1.1.29 Dispute
1.1.30 Drawings
1.1.31 Employer
1.1.32 Employer's Equipment
1.1.33 Employer's Personnel
1.1.34 Employer-Supplied Materials
1.1.35 Engineer
1.1.36 Engineer's Representative
1.1.37 Exceptional Event
1.1.38 Extension of Time or EOT
1.1.39 FIDIC
1.1.40 Final Payment Certificate or FPC
1.1.41 Final Statement
1.1.42 Foreign Currency
1.1.43 General Conditions
1.1.44 Goods
1.1.45 Interim Payment Certificate
1.1.46 Joint Venture
1.1.47 JV Undertaking
1.1.48 Key Personnel
1.1.49 Laws
1.1.50 Letter of Acceptance
1.1.51 Letter of Tender
1.1.52 Local Currency
1.1.53 Materials
1.1.54 month
1.1.55 No-objection
1.1.56 Notice
1.1.57 Notice of Dissatisfaction or NOD
1.1.58 Part
1.1.59 Particular Conditions
1.1.60 Party
1.1.61 Payment Certificate
1.1.62 Performance Certificate
1.1.63 Performance Security
1.1.64 Permanent Works
1.1.65 Plant
1.1.66 Programme
1.1.67 Provisional Sums
1.1.68 QM System
1.1.69 Retention Money
1.1.70 Review
1.1.71 Schedule
1.1.72 Schedule of Payments
1.1.73 Section
1.1.74 Site
1.1.75 Special Provision
1.1.76 Specification
1.1.77 Statement
1.1.78 Subcontractor
1.1.79 Taking-Over Certificate
1.1.80 Temporary Works
1.1.81 Tender
1.1.82 Tests after Completion
1.1.83 Tests on Completion
1.1.84 Time for Completion
1.1.85 Unforeseeable
1.1.86 Variation
1.1.87 Works
1.1.88 Year
1.2 Interpretation
1.3 Notices and Communications
1.4 Law and language
1.5 Priority of Documents
1.6 Contract Agreement
1.7 Assignment
1.8 Care and Supply of Documents
1.9 Delayed Drawings or Instructions
1.10 Employer's Use of Contractor's Documents
1.11 Contractor's Use of Employer's Documents
1.12 Confidential Details
1.13 Compliance with Laws
1.14 Joint and Several Liability
1.15 Limitation of Liability
1.16 Contract Termination
2 The Employer
2.1 Right of Access to the Site
2.2 Assistance
2.3 Employer's Personnel and other Contractors
2.4 Employer's Financial Arrangements
2.5 Site Data and Items of Reference
2.6 Employer-Supplied Materials and Employer's Equipment
3 The Engineer
3.1 The Engineer
3.2 Engineer's Duties and Authority
3.3 The Engineer's Representative
3.4 Delegation by the Engineer
3.5 Engineer's In structions
3.6 Replacement of the Engineer
3.7 Agreement or Determination
3.8 Meetings
4 The Contractor
4.1 The Contractor's General Obligations
4.2 Performance Security
4.3 Contractor's Representative
4.4 The Contractor's Documents
4.5 Training
4.6 Co-operation
4.7 Setting Out
4.8 Health and Safety Obligations
4.9 Quality Management and Compliance Verification Systems
4.10 Use of Site Data
4.11 Sufficiency of the Accepted Contract Amount
4.12 Unforeseeable Physical Conditions
4.13 Rights of Way and Facilities
4.14 Avoidance of Interference
4.15 Access Rout
4.16 Transport of Good
4.17 Contractor's Equipment
4.18 Protection of Environment
4.19 Temporary Utilities
4.20 Progress Reports
4.21 Security of the Site
4.22 Contractor's Operation on Site
4.23 Archaeological and Geological Findings
5 Subcontracting
5.1 Subcontractors
5.2 Nominated Subcontractor
5.2.1 Definition of Nominated Subcontractor
5.2.2 Objection to Nomination
5.2.3 Payment to Nominated Subcontractor
5.2.4 Evidence of Payment
6 Staff and Labor
6.1 Engagement of Staff and Labor
6.2 Rates of Wages and Conditions of Labour
6.3 Recruitment of Persons
6.4 Labour Laws
6.5 Working Hours
6.6 Facilities to Staff and Labour
6.7 Health and Safety of Personnel
6.8 Contractor's Superintendence
6.9 Contractor's Personnel
6.10 Contractor's Records
6.11 Disorderly Conduct
6.12 Key Personnel
7 Plant, Materials and Workmanship
7.1 Manner of Execution
7.2 Samples
7.3 Inspection
7.4 Testing by the Contractor
7.5 Defects and Rejection
7.6 Remedial Work
7.7 Ownership of Plant and Materials
7.8 Royalties
8 Commencement, Delay and Suspension
8.1 Commencement of Works
8.2 Time for Completion
8.3 Programme
8.4 Advance Warning
8.5 Extension of Time for Completion
8.6 Delays caused by Authorities
8.7 Rate of Progress
8.8 Delay Damage
8.9 Employer's Suspension
8.10 Consequences of Employer's Suspension
8.11 Payment for Plant and Materials in Event of Suspension
8.12 Prolonged Suspension
8.13 Resumption of Work
9 Tests on Completion
9.1 Contractor's Obligations
9.2 Delayed Tests
9.3 Retesting
9.4 Failure to Pass Tests on Completion
10 Employer s Taking Over
10.1 Taking Over the Works and Sections
10.2 Taking Over Parts
10.3 Interference with Tests on Completion
10.4 Surface Requiring Reinstatement
11 Defects after Taking Over
11.1 Completion of Outstanding Work and Remedying Defects
11.2 Cost of Remedying Defects
11.3 Extension of Defects Notification Period
11.4 Failure to Remedy Defects
11.5 Remedying of Defective Work off Site
11.6 Further Tests after Remedying Defects
11.7 Right of Access after Taking Over
11.8 Contractor to Search
11.9 Performance Certificate
11.10 Unfulfilled Obligations
11.11 Clearance of Site
12 Measurement and Valuation
12.1 Works to be Measured
12.2 Method of Measurement
12.3 Evaluation of the Works
12.4 Omissions
13 Variations and Adjustments
13.1 Right to Vary
13.2 Value Engineering
13.3 Variation Procedure
13.4 Provisional Sums
13.5 Daywork
13.6 Adjustments for Changes in Laws
13.7 Adjustments for Changes in Cost
14 Contract Price and Payment
14.1 The Contract Price
14.2 Advance Payment
14.3 Application of Interim Certificate
14.4 Schedule of Payments
14.5 Plant and Materials Intended for the Works
14.6 Issue of Interim Payment Certificate
14.7 Payment
14.8 Delayed Payment
14.9 Release of Retention Money
14.10 Statement of Completion
14.11 Final Statement
14.12 Discharge
14.13 Issue of Final Payment Certificate
14.14 Cessation of Employer's Liability
14.15 Currencies of Payment
15 Termination by Employer
15.1 Notice to Correct
15.2 Termination for Contractor's Default
15.3 Valuation after Termination for Contractor's Default
15.4 Payment after Termination for Contractor's Default
15.5 Termination for Employer's Convenience
15.6 Valuation after Termination for Employer's Convenience
15.7 Payment after Termination for Employer's Convenience
16 Suspension and Termination by Contractor
16.1 Suspension by Contractor
16.2 Termination by Contractor
16.3 Contractor's Obligations After Termination
16.4 Payment after Termination by Contractor
17 Care of the Works and Indemnities
17.1 Responsibility for Care of the Works
17.2 Liability for Care of the Works
17.3 Intellectual and Industrial Property Rights
17.4 Indemnities by Contractor
17.5 Indemnities by Employer
17.6 Shared Indemnities
18 Exceptional Events
18.1 Exceptional Events
18.2 Notice of Exceptional Events
18.3 Duty to Minimize Delay
18.4 Consequences of an Exceptional Event
18.5 Optional Termination
18.6 Release from Performance under the Law
19 Insurance
19.1 General Requirements
1) General requirements
2) Communication in insurance Parties
3) Deductibles
4) Compliance with the terms of this Contract and Policy
5) Shared responsibilities
19.2 Insurance to be provided by the Contractor
19.2.1 The Works
1) Duration of insurance against project all risks
2) Exclusion of liability against all risks of construction
19.2.2 Goods
19.2.3 Liability for breach of professional duty
19.2.4 Injury to person and damage to property
19.2.5 Injury to employees
19.2.6 Other insurance required by Laws and by local practice
20 Employer s and Contactor s Claims
20.1 Claims
20.2 Claims For Payment and/or EOT
20.2.1 Notice of Claim
20.2.2 Engineer's initial response
20.2.3 Contemporary records
20.2.4 Fully detailed Claim
20.2.5 Agreement or determination of the Claim
20.2.6 Claims of continuing effect
20.2.7 General requirements
21 Disputes and Arbitration
21.1 Constitution of the DAAB
21.2 Failure to Appoint DAAB Member( s)
21.3 Avoidance of Disputes
21.4 Obtaining DAAB's Decision
21.4.1 Reference of a Dispute to the DAAB
21.4.2 The Parties' obligations after the reference
21.4.3 The DAAB's decision
21.4.4 Dissatisfaction with DAAB's decision
21.5 Amicable Settlement
21.6 Arbitration
21.7 Failure to Comply with DAAB's Decision
21.8 No DAAB In Place
Appendix 1 The Role of an Engineer
ⅠEmployment and authority of the Engineer/Owner's Representative in the new series of conditions of contract
Ⅱ Process for negotiation or decision by the Engineer/Owner s Representative in the new series of contract conditions
Ⅲ Analysis of relevant Clauses [ Agreement or Determination ] in the new series of contract conditions
ⅣComparison of new and old FIDIC the Engineers/Owner s Representative
Ⅴ The 2017 Red Book expanded and enhanced the role and responsibilities of engineers.
Appendix 2 The Contractor s Contractual Obligations and Rights
Ⅰ The Contractor's obligations under 1999 FIDIC version
Ⅱ Changes in 2017 FIDIC version
Appendix 3 Claim List
Ⅰ Provision list of Claim in 1999 FIDIC version
Ⅱ Provision list of Claim in 2017 FIDIC version
Appendix 4 Counter Claim Provision List
Appendix 5 AIA and FIDIC
Appendix 6 Contract Payment of 2017 FIDIC Contract Series
Ⅰ Types of Engineering Contract Price
Ⅱ Bill of quantities
Ⅲ Pricing and payment under FIDIC 2017 Red Book
Ⅳ Valuation and payment under 2017 FIDIC Yellow Book and Silver Book
Ⅴ Major differences in payment provisions between the FIDIC series contracts of the year 2017 and 1999
Appendix 7 Analysis of Notification Requirements for Contractors in FIDIC 2017 Construction Contract
Appendix 8 Understanding and Application of Force Majeure Clauses in Contracts
Ⅰ Evolution of force majeure clause
Ⅱ Definition of force majeure
Ⅲ Obligations of the Parties after force majeure incidents
Ⅳ Possible claim of the Contractor after force majeure event
Ⅴ Contract termination caused by force majeure
Appendix 9 Claim Procedures and Related Issues of New FIDIC Contract Conditions
Ⅰ Definition of Claim in provision 1.1.6 of FIDIC series of contract conditions in 2017
Ⅱ Difference between new and old FIDIC contract conditions on claims provisions
Appendix 10 Care and Guarantee Analysis of the Works of New FIDIC Contract
Ⅰ Duty and responsibilities of care of the works in FIDIC series of contract conditions in 2017 edition
Ⅱ 2017 edition FIDIC series contract conditions under the contract of mutual protection between the Parties
Ⅲ Differences in Relevant Provisions of 2017 FIDIC Contract Conditions
Appendix 11 Analysis of the New FIDIC Series Contract Conditions Changes
Ⅰ Engineering changes
Ⅱ Right to change
Ⅲ Differences between the Yellow Book and Red Book and Silver Book on changes
Ⅳ Difference between the new and old versions of contract conditions on the change provisions
Ⅴ Other adjustments
Appendix 12 Keywords Listed
References

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国际工程合同管理——FIDIC条款解析与案例