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FIDIC Conditions of Contract for Underground Works (2019 Emerald Book)

  • Format: Book

  • Pages: 272

  • Publisher: FIDIC

  • Date Published: May 2019

  • Stock Code: 40806

  • ISBN: 9782884320870

  • Binding: Paperback

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Description

This First Edition of the “Conditions of Contract for Underground Works” (Emerald Book) is published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC) in a joint endeavour with the International Tunnelling and Underground Space Association (ITA-AITES).

Based on the enquiries on international best practice in contracting of tunnelling and underground construction works conducted by the ITA-AITES during the last fifteen years and on the ITA-AITES Report 006 (“The ITA Contractual Framework Checklist for Subsurface Construction Contracts”, April 2011, ISBN 978-2-9700634-7-9), these General Conditions of Contract have been specifically drafted by a joint FIDIC – ITA Task Group for use in underground works. Their use may also be appropriate in other types of works that include a significant geotechnical uncertainty.

The Second Edition of the Conditions of Contract for Plant and Design-Build, 2017 published by FIDIC (the Yellow Book 2017), was used as the basis for drafting these General Conditions of Contract. The Sub-Clauses that are new or different from those of the Yellow Book 2017 are listed below at the end of these introductory notes.

These Conditions include several new concepts in consideration of the risks that are peculiar to underground works. In particular, they address the risk related to subsurface physical conditions which are not possible to assess with sufficient precision in advance of the Contract, and therefore cannot be assigned entirely to the Contractor.

These Conditions reflect the fundamental principle which underlies all FIDIC contracts, namely balanced risk allocation between the parties to the Contract. The joint FIDIC – ITA Task Group firmly believes that such balanced risk allocation is paramount to a positive project outcome in contracts for underground works.

Compared to other Works, Underground Works are predominantly characterized by three unique features:    - the method of excavation and ground support are major factors for the successful realization of the project, and therefore part of the Works;    - physical access to the Works is often limited to just a few locations or even a single location, which places serious constraints on construction logistics and the environment;    - the land, beneath which the Works are to be constructed, typically belongs to a number of third parties.

Further, there are two other important features that are not unique to Underground Works, but which are characteristic of all such Works:     - they require extensive investment in contractor’s equipment;    - underground excavation and lining works are very time-consuming.

It is important that the Employer gives careful consideration to all five of the above features, both before and during the preparation of the tender documents, because they are critical to the feasibility of successful completion of the Works and tenderers’ ability to meaningfully price the Works.

CONTENTS

Acknowledgements

Notes

General Conditions    

Contents    Clauses 1 to 21    Appendix: General Conditions of Dispute Avoidance/Adjudication Agreement    Annex: DAAB Procedural Rules    Index of Sub-Clauses

Guidance for the Preparation of Particular Conditions    

Contents    Introductory Guidance Notes    Particular Conditions Part A – Contract Data    Particular Conditions Part B – Special Provisions        Notes on the Preparation of Special Provisions        Clauses    Advisory Notes to Users of FIDIC Contracts Where the Project Uses Building Information Modelling Systems Annexes: Example Forms of Securities

Guidance for the Preparation of Tender Documents and Annexes    

1 General Aspects    2 Central Principles, Underground Works    3 Pre-Contract Actions by the Employer    4 Employer’s Tender Documents    Appendix A: The Geotechnical Baseline Report Annexes: Example Schedule of Baselines, Example Completion Schedule, Example Schedule of Contractor’s Key Equipment

Forms of Letter of Tender, Letter of Acceptance, Contract Agreement and Dispute Adjudication/Avoidance Agreement    

Letter of Tender    Letter of Acceptance    Contract Agreement    Dispute Avoidance/Adjudication Agreement

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