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FIDIC Sub-consultancy Agreement 2017: 2nd Edition

  • Format: Book

  • Pages: 24

  • Publisher: FIDIC

  • Date Published: Feb 2017

  • Stock Code: 90287

  • ISBN: 9782884320801

  • Binding: Paperback

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Description

The Sub-Consultancy Agreement has been developed from the Fifth Edition 2017 of the Client/Consultant Model Services Agreement "White Book" and is intended for use where a Consultant appointed under the White Book desires to engage a Sub-Consultant to undertake part of the Services. The Sub-Consultancy Agreement therefore incorporates many of the terms and conditions of the White Book such that the obligations and rights of the Sub-Consultant are largely consistent with those of the Consultant under the White Book.

It is intended that the head contract («the Client / Consultant Agreement») is appended at Annexure A such that the Sub-Consultant will have its own copy of the Client / Consultant Agreement and can see the obligations therein undertaken by the Consultant and for which the Sub-Consultant is now engaged. The Client / Consultant Agreement appended at Annexure A need not include matters that do not concern the Sub-Consultancy Agreement and need not include commercial matters as between the Consultant and the Client. Annexure A does not form part of the Sub-Consultancy Agreement but is a document referred to therein that must be complied with in the same way as a code of practice or a building regulation. Whilst the Sub-Consultancy Agreement has been written specifically to facilitate the appointment of a Sub-Consultant where the Consultant is appointed under the FIDIC form of a Client / Consultant Agreement (the White Book) it may equally be used, with minimal amendments, where the head contract is not the White Book. Guidance on such usage will be published by FIDIC.

COMPLETION OF THE SUB-CONSULTANCY AGREEMENT

This Sub-Consultancy Agreement represents the basic form of a contract of appointment between a Consultant and its Sub-Consultant. It is intended to cover the minimum requirements of a typical appointment contract. Additional or amended clauses may be required in the Particular Conditions to address particular project and commercial issues between the Parties.

Where other material is to be incorporated into a contract of appointment, care must be taken to ensure consistency both in the use of terminology and the allocation of duties and obligations. The parties to the contract may wish to take independent legal advice in connection with the preparation of this agreement. Independent legal advice may also help the parties understand their legal liabilities, duties and obligations arising under the Sub-Consultancy Agreement.

Neither FIDIC nor any committee or individual connected with FIDIC can be held liable for project or commercial losses suffered as a result of adopting the Sub-Consultancy Agreement as the basis of a contractual arrangement.

CONTENTS

Form of Sub-Consultancy Agreement

Particular Conditions

Part A References from Clauses in the General Conditions

Part B Additional or Amended Clauses

Appendices

1 Scope of Sub-Consultancy Services

2 Equipment and Facilities to be provided by the Consultant

3 Remuneration and Payment

4 Consultant’s Programme

5 Rules for Adjudication

Annexure

A Client / Consultant Agreement [excluding commercial matters]

Sub-Consultancy Agreement – General Conditions

CONTENTS

1 General Provisions

2 The Consultant

3 The SUB-Consultant

4 Commencement and Completion

5 VariationS to Sub-Consultancy Services

6 Suspension of Services and Termination of Sub-Consultancy Agreement

7 Payment

8 Liabilities

9 Insurance

10 Disputes and Arbitration

 

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