The Employers Obligations under the 4th Edition of FIDIC Red Book (1987)- Conditions of Contract for Works of Civil Engineering Construction and the 1999 FIDIC Red Book - Conditions of Contract for Construction - Thesis Example

Download file to see previous pages... The first FIDIC contracts had assumed the contracts as based upon the design provided by the Employer or his Engineer. As such it was suitable for only civil engineering and infrastructure projects like roads, bridges, dams, tunnels, water and sewage facilities. It could not be applied to contracts for cases of plant manufactured away from site. The original 1957 edition is called the Red Book new edition of which was published in 1987 as the 4th edition which is still in force. The Red Book introduced the express principle of the Engineer to act independently and to give his impartial decision or to take any action impartially as it might affect the parties’ rights and obligations though the earlier editions had assumed the Engineer’s impartiality in an implicit manner.1. The term “employer” is denoted to mean the person or organisation promoting the project and being responsible for the project funding. The FIDIC’s conditions of contract defines such person as the “Employer”. Clause 1.1.2.2 says”Employer means the person as employer in the Contract Data and the legal successors in title to this person”2 The fourth edition of the Red Book published in September 1987 had major revisions including the title of the document. The word “international” was removed to encourage its use even for domestic contracts. Part II of the Red Book known as the “Conditions of Particular Application” was also expanded and brought out as a separate book. As the book is linked Part I by corresponding numbers given to the clauses, Part I and II together operate as conditions governing the rights and obligations of the parties to contracts. This book’s reprint in 1992 had amendments list of which is shown Appendix B of the Book. Appendix A contains list amendments made in 1988. Again a supplement to the Fourth edition was brought out in 1996 with the title “Supplement to the Fourth ...Download file to see next pagesRead More