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Construction Law/FIDIC FAR Construction Contracts

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Question
When working on a USAID job, can the FIDIC Yellow Book and the FAR be used in a construction design build contract?  I have heard that the FAR does not allow for the use of the FIDIC, is this correct and why? Thanks.

Answer
Dear Mike,
Thank you for your question.
I have no personal working experience with FAR documents. Regarding Yellow Book, I am of the opinion that normally it is within the purview of an Employer to adopt any type of format he is interested in. Very briefly, the yellow book is applicable to the provision of electrical and / or mechanical plant, and for the design and execution of buildings or engineering works. Under the usual arrangement for this type of contract, the Contractor designs and provide the works in accordance with the Employer's requirements. The supervision of the project is carried out by Employer's own Engineer and is different in this respect than other FIDIC contract types. I am quite curious why FAR should discourage a document's use without reason but if it is so, I am not aware of this. I am sorry I am not able to give you more clarification than this.

Regards & Best Wishes,
Liaqat Hayat

Construction Law

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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