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FIDIC Contracts in Africa and the Middle East

FIDIC Contracts in Africa and the Middle East
Author: Donald Charrett
Publisher: Taylor & Francis
Total Pages: 404
Release: 2023-09-20
Genre: Law
ISBN: 1000932540

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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.


Innovative Project Management with FIDIC Contracts

Innovative Project Management with FIDIC Contracts
Author: Adriana Spassova
Publisher: Taylor & Francis
Total Pages: 300
Release: 2023-12-05
Genre: Law
ISBN: 1003808867

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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.


Working with FIDIC

Working with FIDIC
Author: P. L. Rushbrooke
Publisher:
Total Pages: 23
Release: 1979
Genre: Civil engineering
ISBN: 9780906600153

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The Law and Practice of Complex Construction Projects

The Law and Practice of Complex Construction Projects
Author: Fabio Solimene
Publisher: Taylor & Francis
Total Pages: 670
Release: 2024-03-21
Genre: Law
ISBN: 1003856470

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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.


Global Contract Law in the Middle East and North Africa

Global Contract Law in the Middle East and North Africa
Author: Mohamed Ismail
Publisher: Taylor & Francis
Total Pages: 228
Release: 2024-08-01
Genre: Law
ISBN: 1040100759

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This book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region. The book discusses the roles assumed by Supreme Courts in Egypt and MENA countries in creating unified principles of international contract law in states’ contracts which are consistent with international commercial contracts’ principles. It makes a powerful argument for further harmonization of contract law in the area, and how this can be achieved. The book forms a case study of how international harmonization can be achieved through a number of routes, such as codification, digitalization of processes and contracts, private-public arbitration, and further use of international instruments. It also considers the implications of comparative European law, convention law, and other legal domains, particularly international standards, on contract law in the MENA region. The book suggests how international legal standards can be integrated within contract law, and how a harmonious contract law framework can thus be achieved. Through analyzing ICSID case law, the book argues that unification of contract law principles in the MENA region is a considerable step towards achieving legitimate expectations of foreign investors. It argues, further, that global contract law is underway. The book will be is of interest to students and scholars in the field of international contract law, public law, and international law in Egypt and MENA countries.


Decision-making in International Construction Arbitration

Decision-making in International Construction Arbitration
Author: Haytham Besaiso
Publisher: Taylor & Francis
Total Pages: 246
Release: 2023-10-03
Genre: Law
ISBN: 1000957136

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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.


Global Contract Law in the Middle East and North Africa

Global Contract Law in the Middle East and North Africa
Author: Mohamed A. M. Ismail
Publisher:
Total Pages: 0
Release: 2024
Genre: Law
ISBN: 9781032738635

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"This book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region. The book discusses the roles assumed by Supreme Courts in Egypt and MENA countries in creating unified principles of international contract law in states' contracts which are consistent with international commercial contracts' principles. It makes a powerful argument for further harmonisation of contract law in the area, and how this can be achieved. The book forms a case study of how international harmonisation can be achieved through a number of routes, such as codification, digitalization of processes and contracts, and further use of international instruments. It also considers the implications of comparative European law, convention law, and other legal domains, particularly international standards, on contract law in the MENA region. The book suggests how international legal standards can be integrated within contract law, and how a harmonious contract law framework can thus be achieved. Through analyzing ICSID case law, the book argues that unification of contract law principles in the MENA region is a considerable step to achieve legitimate expectations of foreign investors. It argues, further, that global contract law is underway. The book will be of interest to students and scholars in the field of international contract law, public law and international law in Egypt and MENA countries"--


The FIDIC Contracts

The FIDIC Contracts
Author: Andy Hewitt
Publisher: John Wiley & Sons
Total Pages: 356
Release: 2014-04-25
Genre: Law
ISBN: 1118291786

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It is vital to ensure that your company complies with its contractual obligations. It is also vital to check whether the other parties are complying with theirs. This book was written to help those involved in the management of busy construction projects to find answers to contractual issues arising from the FIDIC forms of contract. The book is organised in such a way that you can find answers in a fraction of the time it would take to study the full conditions of contract. This book sets out the contractual obligations of the Employer, the Contractor, the Engineer and the DAB in a simple tabular form, together with the time-frames in which they should be performed and the consequences of non-compliance. This means that you will have all the information at your fingertips without having to study lengthy contractual clauses. For those using the FIDIC forms for the first time, or perhaps not using them too often, this book is a must, whilst experienced users will find it provides a valuable checklist. Whichever category you fall into, using this book should improve both knowledge and efficiency. The book is ideal for engineers, quantity surveyors, contract managers and any person whose job it is to understand the workings of a FIDIC contract. Roger Knowles had this to say: "The most important part of any contract is the obligations of the parties, the time frames in which the parties must perform these obligations, and the consequences of failing to meet them. Failure to carry out obligations correctly is a serious risk and common source of contention or claims. This practical ready-reference on the contractual obligations of the various parties for a FIDIC construction contract promotes efficient administration of construction projects, prevents contention and aids an easier understanding of their obligations." The FIDIC Contracts: Obligations of the Parties is presented in an easily-referenced, tabular format. The Red, Pink, Red Book Subcontract, Yellow, Silver, Gold, Pink, Green and White Books are all included and for ease of reference, each contract is separated into sections relating to the Employer, the Contractor, the Engineer (or the equivalent) and the DAB. This guide's accessible style will enable all parties and personnel involved in the project to quickly check that their company is performing the required obligations correctly - and also to ensure that other parties are doing the same.