The Employers Obligations under the 4th Edition of FIDIC Red Book - Thesis Example

 Again a supplement to the Fourth edition was brought out in 1996 with the title “Supplement to the Fourth Edition 1987- Conditions of Contract for Works of Civil Engineering Construction-Reprinted in 1992 with Further Amendments”. . The Red Book’s clause 5 provides for the applicable law of contract to be specified in Part II of the conditions. The Red Book is based on common law Principles and there will be no conflict of law if the applicable law is also is based on common law. However, the general rule of private international law as opined by Lord McNair is that it is subject to public policy. Clause 26 of the Red Book gives the legal framework which requires the contractor to comply with all national laws, ordinances, laws, regulations, bye-laws of any local authority for execution and completion of works and for remedying the defects found later. Thus the rule is that both laws of the country where the project is located as well as the country where part of the work is executed will be applicable regardless of chosen law applicable to the contract which is the far-reaching consequence. Again clause 70 also provides for a legal framework facilitating applicability to future changes in the law. Under FIDIC conditions of contract, the employer’s obligations with which this dissertation is concerned can be found in both applicable laws as well as in the Conditions of contract in the Red Book. The employer’s obligations are as follows stated in the order of their listing in the standard form. (a) He should identify the site of the project and personnel to be associated with the project. (b) He should appoint an Engineer for the contract administration. (c) He should give possession of the site to the contractor. (d) He must provide the contractor with the required information, instructions, consents, and notices whenever necessary. (e) He should not act in such a manner that would impede or interfere with the work’s progress. (f) He should make available materials and carry out works if these are works s defined in the contract. (g) He should appoint specialist sub-contractors and suppliers by nomination whenever necessary. (h) He should allow the contractor to execute the whole of the contract. (i) He should effect payment to the contractor on time. All these are discussed in the respective sections of this dissertation.
1999 FIDIC Red Book
FIDIC published its first edition in 1999 four new standard forms of contract. One of them contains conditions of contract for construction. It is suitable for building or engineering works as per the employer’s design or the Engineer who is his representative.