Fidic Contracts In Africa And The Middle East

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. FIDIC Contracts in Africa and the Middle East: A Practical Guide to Application provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are or can be used. This book closely follows the format of The International Application of FIDIC Contracts. Each jurisdiction features an outline of its construction industry and information on the impact of COVID-19 on both the execution and operation of construction contracts. This book is essential reading for construction professionals, lawyers and students of construction law.

This book provides comprehensive guidance for the implementation of the legal requirements of FIDIC contracts with a detailed application of modern project management principles. It demonstrates that the FIDIC suites for works and services contain many tools for good project management, which can complement the innovation needed today to guide sustainable development. The author’s experience in construction management, construction law, and the application of FIDIC contracts as a FIDIC engineer, a procurement/claims consultant, and a FIDIC accredited/certified adjudicator and trainer underpins this unique and much-needed book linking FIDIC contract management with project management practices and concepts. It is structured around project management knowledge areas, and details not only the FIDIC works contracts (Red/Yellow/Silver 2017 Reprint 2022, Emerald 2019, Gold 2008, and Green Book 2021) but also the project management requirements of the contract between the Employer and Engineer (White Book 2017) and the FIDIC supply-chain contracts, and explains how these all interface in project governance. Linking the project management knowledge areas from the PMBOK® and its Construction Extension with the FIDIC Body of Knowledge (FBOK), the book provides recommendations for integration of best practice and innovations. It illustrates these processes with 54 flowcharts and 16 case studies, as well as a railway scenario demonstrating the application of the book’s recommended procedures. This will be an invaluable source of practical guidance for employers, contractors, and engineers responsible for procuring and managing construction projects. It provides useful insight for technical, legal, and financial experts on the management of processes, contracts, and digital tools, with recommendations on how to tailor and use the FIDIC contracts for project success.

This book provides a comprehensive overview of the law surrounding PPPs in the Middle East and North African region. The significance of liberalised and integrated Public Private Partnership Contracts as an essential component of the world legal and policy order is well documented. The regulation of PPPs is justified economically to allow for competition in the relevant public service and to achieve price transparency, thus resulting in significant savings for the public sector. In parallel to the economic justifications, legal imperatives have also called for the regulation of PPPs in order to allow free movement of goods and services and to prohibit discrimination on grounds of nationality. The need for competitiveness and transparency in delivering public services through PPPs is considered a safeguard to achieve international standards in delivering public utility services. First, it assesses the compatibility of the current PPPs legislation and regulation in the MENA region with the international standards of legislation and regulation prevalent in many other countries, including the UK, France and Brazil. Secondly, it compares the practices in the MENA region with those of international bodies such as the OECD and World Bank. Comparisons are then made between the MENA countries and those in Europe and Asia with regard to the influence of culture, policy and legal globalization. The book will be of interest to scholars and students in the field of international contract law, public law and state contracts, finance law and private law.

Presenting readers with all the need-to-know information on complex construction projects within a single publication, this book expertly focuses on practical issues whilst also providing insights on the law applying to construction projects. As well as exploring individual subjects such as the negotiation of a contract, the evaluation of a claim or assistance in relation to contractual disputes, the book also creates an overarching understanding of the entire life of a project. It presents an inside view on the various stages of complex projects, from the moment they are conceived to the end of the contractual relation between employer and contractor, including any disputes between the parties. The reader will become familiar with the terminology used in the construction industry, the various phases of complex construction projects, the law applying to each phase and the various deliverables produced by the parties throughout the project. While including sections on the law applying to each phase, the book’s primary focus is on the practical aspects faced on a daily basis by practitioners working in the construction industry. This book is important reading for professionals involved in construction law at every level, including relevant academics, government employees and lawyers. It will also serve as a useful book for students, providing a comprehensive overview of the many factors and phases of a complex construction project.

This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author’s research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations. It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arbitrators, in fact, lean towards commercial and transnational norms to construe the parties’ contract before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties’ claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators’ background characteristics on their decisions. Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution.

‘It is clear thatthere is less chance of failure to observe contract complianceusing [this] book, than reliance on reading though the appropriateclauses in the contract… A big plus is that those using thebook will find answers to queries relating to contractual issuesarising from the FIDIC contracts conditions in a fraction of thetime it would take if it were necessary to study the fulltext… For those using the FIDIC forms for the first time, orinfrequently, this book is a must, whilst experienced users willfind it a valuable memory jogger. Whichever category the readerfalls into, using this book should improve performance…Thebook is ideal for engineers, quantity surveyors, contract managersand any person whose job it is to understand the workings of aFIDICcontract.‘ From the book’s Foreword by Roger Knowles The most important part of any contract is the obligations ofthe parties, the time frames in which the parties must performthese obligations, and the consequences of failing to meet them.Failure to carry out obligations correctly is a serious risk andcommon source of contention or claims. This practical ready-reference on the contractual obligations ofthe various parties for a FIDIC construction contract promotesefficient administration of construction projects, preventscontention and aids an easier understanding of their obligations.The FIDIC Contracts:obligations of the parties is presented in an easily-referencedformat, with the obligations set out in tabular form and clearsummaries for each type of contract given in separate sections forthe Employer, the Contractor and the Engineer. This guide’s ready–reference style will enable theproject manager, quantity surveyor or contract manager to quicklycheck that his company is performing the required obligationscorrectly - and also to ensure the other parties are doing thesame.