FIDIC Presentation

FIDIC Contract for DBO
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BOT

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Build Operate Transfer
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.
1945 the General Conditions of
Contract and Forms of Tender Agreement and Bond for
Use in Connection with Works of Civil Engineering
Construction the ICE Form
. the Institution of Civil Engineers
1950
1951 1955
1973 ICE .1991
.
23

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ICE

. ICE
.
[ ]1
[ ]2
.
1956 the Overseas (Civil) Conditions of
Contract
the ACE Form .
Association of Consulting Engineers.
the Export Group for the Construction Industries.
24

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][1
][2
ACE . ICE
ACE
. ICE
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ACE 1957 Contract
(International) for Works of Civil Engineering Construction
()
]
1
[
Red Book .
) ( FIDIC
[].[3] 2

] [1
.
][2 the Fdration Internationale du Btiment et des Travaux Publics the
International Federation of Building and Public the International European
Construction Federation, FIEC.
[3] Nael Bunni, The FIDIC Forms of Contract, 3rd. edition, Blackwell Publishing, Oxford, UK, 2005,
p. 6.
26
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1969

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ICE
1973

1977
28

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1987

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1996
Supplement to Fourth Edition 1987 Conditions of Contract
for Works of Civil Engineering Construction - Reprinted 1992
with Further Amendments

Section A "Dispute Adjudication Board"

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1996 67
.
1996 adjudication
board
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Dispute Adjudication Board
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1999
1999
:
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1999
Conditions of Contract for
.Construction
.

.

.

the
.1999 Red Book
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1999
- Conditions
.of Contract for Plant and Design-Build

.

.
the 1999
.Yellow Book
36

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1999
EPC Conditions of Contract for
.EPC/Turnkey Projects

Engineering Procurement
Construction .
.the 1999 Silver Book
37

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1999
- .Short Form of Contract

.
.the 1999 Green Book
38

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Red Book
Conditions of Contract for Construction
Yellow Book
Conditions of Contract for Plant

and Design-Build
Silver Book
Conditions of Contract for

EPC/Turnkey Projects
Golden Book
Conditions of Contract for Design, Build and Operate Projects

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44

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Red Book
1
2
4
6
7
13
14
15
16
20

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Yellow Book
Silver Book
Golden Book
General Provisions
The Employer
The Contractor
Staff and Labour
Plant, Materials and Workmanship
Variations and Adjustments
Contract Price and Payment

Termination by Employer
Suspension and Termination by Contractor

Claims, Disputes and Arbitration
45

Red Book
3
5
Yellow Book
The Engineer
Silver Book
Golden Book
The Employers
Administration
The Employers
Representative
Nominated
Subcontractors
Design
Commencement, Delays and Suspension
Commencement Date,
Completion and
Programme
Tests on Completion
Design-Build
10
Employers Taking Over
Operation Service
11
Defects Liability
Testing
12
Measurement and
Evaluation
Tests After Completion
Defects
17
Risk and Responsibility
Risk Allocation
18
Insurance
Exceptional Risks
19
Force Majeure
Insurance

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DBO
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DBO

( )consortium
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8.1
Commencement Date
11.7
Commissioning
Certificate
Design-Build Period
8.6 Contract
Completion
Certificate
Operation Service Period
The DBO Contract

/ :

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3.5 Determinations
by the Employers
Representative
Representative shall
consult with each Party
to reach agreement
shall give
Notice to both
Parties
in accordance with
the Contract , taking
due regard of all
relevant
circumstances
when Employers
Representive shall
proceed according to
3.5 Determinations

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fair determination
if agreement is not
achieved
of each
agreement or
determination
binding until
revised
under 20
Claims,
Disputes and
Arbitration
51

20.1 Contractors
Claims in connection
with the Contract
Contractor
considers to be
entitled to any
extension of the
Time for Completion
and / or any
additional payment
Contractor became
or should have
become aware of the
event
20.1 (a) Notices

Contractors Notice to
the Representative
describing the event
or circumstances
giving rise to the claim
not later than 28 d
20.1 (b)
Contemporary
Records
Contractor shall keep
contemporary
records on Site to
substantiate the
claim
cut-off period
if Contractor fails to give

Notice within 28 d, then
no entitlement
to be kept on Site,
visible for the
Representative
< 28 d
< 42 d

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20.1 (c) Details and

Particulars of the basis
ot the claim
within 42 d the
Contractor shall
send a fully
detailed claim
which includes full
supporting
particulars of the
basis of the claim
if the Contractor fails
to establish the
principles of the
claim within 42 d, the
Notice given shall be
deemed to have
lapsed and no longer
considered as a valid
Notice
52

20.1 (c) Details and
Particulars of the basis
ot the claim
within 42 d the
Contractor shall
send a fully
detailed claim
which includes full
supporting
particulars of the
basis of the claim
20.1 (d) Employers

Representatives
Response
within 42 d the
Representative shall
respond with
approval or
disapproval and
detailed comments
and shall proceed in
accordance with
3.5 Determinations
< 42 d
response by the
Employers Representative

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the Determination shall be binding

until revised under 20 Claims,
Disputes and Arbitration
( Notice of dissatisfaction within
28 d under 20.1 (d) Contractors
Claims and thereafter proceed in
accordance with 20.5 in writing
to the DAB for its decision )
if the Employers Representative fails

to agree or determine the extention
of the Time for Completion and / or
additional payment, either Party may
refer the matter to the DAB
3.5 Determinations
by the Employers
Representative
53
DAB, Disputes, Adjudication, Decision, Arbitration

20.2 Appointment of the
Dispute Adjudication
Board
the Parties shall
jointly appoint a DAB
by the date stated in
the Contract Data;
date
stated in the
Contract Data
20.3 if the Parties
fails to agree, then
the appointing entity
or official named
shall appoint the
DAB
20.3 Failure to Agree
Board
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20.4 Avoidance of
Disputes
( if Parties agree so )
20.6 Amicable
Settlement ( after Notice of
dissatisfaction )
Parties may jointly

refer a matter to the
DAB to provide
assistance to resolve
any disagreement ,
the Parties are not
bound by any advice
given
20.5 either Party may
refer the dispute within
28 d to the DAB in writing,
both Parties shall
promptly make available
all information to the DAB
20.5 Obtaining
Boards Decision
both Parties shall

attempt to settle
the Dispute
amicably before
commencement
of arbitration
20.7 Arbitration
( Final settlement by
international arbitration )
unless settled
amicably, any
Dispute shall be
finally settled by
international
arbitration
Notice of
dissatisfaction
of either Party
within 28 d
after receiving
the decision
arbitration may be
commenced on or
after the 56th d after
the day of Notice of
dissatisfaction
< 28 d
> 56 d
DAB gives its decision after

< 84 d
receiving such reference
Arbitrators
appointed
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5 2005
12
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2008

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70.1

/
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70.2
28
70.1
/
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FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

ACE 1957 Contract

(International) for Works of Civil Engineering Construction

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

Conditions of Contract for Construction

Conditions of Contract for Plant

Conditions of Contract for

Conditions of Contract for Design, Build and Operate Projects

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

Contract Price and Payment

Suspension and Termination by Contractor

Commencement, Delays and Suspension

Employers Taking Over

Tests After Completion

Risk and Responsibility

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

FIDIC Contract for DBO

Operation Service Period

The DBO Contract

FIDIC Contract for DBO

20.1 (a) Notices

if Contractor fails to give