Construction Law/FIDIC Contracts

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Question
Dear Ali,

I am involved in a Client designed Commercial project utilising red-book FIDIC contract for the Main Contractor.  We are in final stages of negotiation in regard to the external facade contract this will be a sub-Contract.  Although they will design, supply & install the glazing, the Supplier consider it should be a Red-book as per the Main Contractor.  Should this though be Yellow-book contract based upon the fact that they are involved in Building and Design of elements?

Kind regards,
  Mike

Answer
Dear Michael,

Sorry for late reply, however we are also facing contractual disputes to be responded these days.

Regarding your question, Red Book can be used in any kind of Construction Works, however Yellow Book more specific on Turnkey lump sum projects where Contractor takes participation in the design Work for his scope.

Secondly, it is general practice that the Form of Contract used for the main contract generally used for the Sub-contract Works. Main Contractors and Sub-Contractor's are more comfortable for application of main Contract, except application of some clauses.

Therefore, it is more practical to use Red Book with particular conditions, covering your specific requirements.

Best Regards

IRVALI

Construction Law

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ALI IRVALI

Expertise

FIDIC, Arbitration Procedures, Claim Management, Project Management.

Experience

I have experience of working at 6 countries in MENA region (algeria, Libya, Saudi Arabia, Oman, Pakistan)as the Regional Director and General Manager of a construction company. I have experience on various applications of FIDIC and construction law, arbitration procedures, claim management, project management.

Organizations
CEO of TURCON Construction presently. www.turcon.com.pk

Education/Credentials
M.S. Civil Engineer, Various Courses on Project Management, Seminars on FIDIC.

Past/Present Clients
National Highway Authorities of various countries, Water and Power Development Authorities, Karachi Port Trust, etc.

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