Construction Law/Bespoke FIDIC contracts
Could you advise me the procedure to check the appropriateness/applicability of the Sub-Clauses when drafting the
FIDIC bespoke contracts (to prevent ambiguity and arise of the potential claims).
a. Specially what Sub-Clauses we have to scrutinize
b. Most probable wrong/ambiguous wordings
c. Wrong inclusion of data in the Appendix to Tender
Please give your advise based on your past experience in contractual,
technical and procurement aspects.
The standard FIDIC suite of contracts sets out the share of risk clearly and fairly.
Employers meddle with the text in an attempt to shift more of the risk onto the contractor.
Sometimes this has the reverse effect because unfair contract clauses often clash with local laws.
Things to look out for are:
Extension of time clauses - is the Employer exempt from awarding an EoT for his own default.
Notice Periods - are they too short.
Prolongation Costs - are they omitted.
Damages - are they set down or open.
Ambiguous wording will usually work against the Employer by the rule of contra proferentem
Wrong or misleading data in the tender documents are often ruled against the Employer and are sometimes even fraudulent.
The main rule is that if you spot something in the tender documents that you don't like you should point it out before the tender. You can always refuse to tender or add the increased risk to the tender price. No one will force you to sign an unfair contract.