Construction Law/FIDIC bespoke contracts
QUESTION: Dear Sir
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.
ANSWER: Dear Mr. Sudantha,
Thank you for your question and in response can only provide following comments in general.
(a) We have to first decide whether we are near FIDIC 1987 or FIDIC 1999 as they have quite a different approach even if we are following a bespoke contract format. For example, if your bespoke contract is somewhat based on FIDIC 1987, I will specifically check following Clauses.
Clause-2.1 to 2.3,
Clause-3.1, 4.1, 6.3, 7.2, 14.2, 14.4, 20.1,
Clause-36.1, 40.1, 40.2, 41.1, 42.1,
Clause-44 and 48
Clause-52, 53, 56, 58, and 60
Clause-63, 67, 70
(b) This is a very general question and can not be commented easily unless a specific scenario is in view.
(c) Here my reaction is similar to what I have said under (b) above.
With above, I feel I have been able to give you some thoughts to elaborate more specifically under sub-para (b) and (c) above to complete my comments.
With Best Wishes,
---------- FOLLOW-UP ----------
QUESTION: Dear Sir
If the bespoke contract is close to 1999 FIDIC Red book, then what clauses we have to check, and could you give the reasons also.
Dear Suhantha Payoe,
Thank you for coming back with another query. In case of FIDIC 1999 nearness, I would particularly take care in writing and making provisions against following clauses:
Clause-1.7 & 1.9
Clause 2.1 & 2.5
Clause 3.1, 3.2 & 3.3 also 3.5
Hope this will be of assistance to you.
Regards & Best Wishes,