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In addition, the FIDIC Conditions, like other contract conditions, contain a number…
The first of these exclusions includes interference from events arising in the Employer’s sphere of responsibility.…
g. Interference with rights of way, light, air, water and other easement “which is…
h. Use or occupancy by the Employer of any part of the Permanent Works;…
i. Error in the design by the Employer or the Engineer;…
j. The operation of the forces of nature;…
k. Exceptional Events as defined in Clause 18;…
l. Any act or default of the Employer’s personnel or the Employer’s other contra…
Some other risks remain in the Contractor’s responsibility with the possibility of…
Particularly in periods of inflation and of instability in currency exchange rates, the Employer should not, in his own best interests, and especially on long terms contracts, ask tenderers to…
Like other contracts, too, the FIDIC Conditions thus provided since the first edition…
Where adjustments are to be made in respect of the rise or fall in the costs of labour or for materials or any other matters affecting the cost of execution of the Works these are as set out in Part II in the Clause numbered 70.…
In subsequent editions this general wording was developed, and much detail was added…
The amounts payable to the Contractor shall be adjusted for rises or falls in the cost of labour, Goods and other inputs to the Works, by the addition or deduction of the amounts calculated in accordance with the Schedule(s) of cost indexation.…
The clause recognises that indexation clauses may not fully cover the rise or fall…
To the extent that full compensation for any rise or fall in Costs is not covered by this Sub-Clause or other Clauses of these Conditions, the Accepted Contract Amount shall be deemed to have included amounts to cover the contingency of other rises and falls in costs.…
Another risk that may seriously impact the costs concerns laws and regulations relevant…
... changes to any National or State Statute, Ordinance, Decree or other Law or any regulation or bye-law of any local or other duly constituted authority, or the introduction of any such State Statute, Ordinance, Decree, Law, regulation or bye-law ……
The provision was further developed in the Rainbow Suite where it now is Clause 13.6…
An important aspect of the performance risk concerns the circumstances under which…
Already the first edition of 1957 of the Red Book addressed in Clause 12 Adverse Physical Conditions and Artificial Obstruction.…
The 2017 edition regulates the matter in much greater detail. It now applies to unforeseeable…
… natural physical conditions and physical obstructions (natural or man-made) and…
In the context of these physical conditions the question of foreseeability has given…
Apart from these provisions providing adjustments to the allocation of risks with…
… circumstances that an experienced contractor would have judged at the contract date to have such a small chance of occurring that it would have been unreasonable to have allowed for them.(13)…
FIDIC Conditions regulate these exceptions in different clauses and with varying…
As explained above, the Red Book since its first edition in 1957 regulated the Contractor’s…
The Yellow Book initially followed a similar approach. The third edition of 1987…
The clause makes the Contractor totally responsible for the care of the Works from the Commencement Date until the Risk Transfer Date […] This reflects the philosophy that the Contractor must be responsible for matters which are within his control.(15)…
Nevertheless, the 1987 edition of the Yellow Book included broad exceptions in two…
In the new generation of the FIDIC Conditions the provisions are identical for the…