Fidic Letters By Consultant Pdf Free Download
Andera Swearengin
Duties and Responsibilities
- Advise and support the Contracting Authority in tasks related to notice of claims , claims and disputes, in relation to contract law for the New Nicosia Waste Water Treatment Plant at Mia Milia
- Participate in meetings related to claims, negotiation for amicable settlement etc.
- Support the Contracting Authority with the review of documents, including documents for claims and payment of claims, submitted by the consultants and the contractors with the purpose of ensuring their quality and compliance with the requirements of the respective contracts
- Review and comment documents (legal texts, reports) prepared by others
- Support the Contracting Authority to identify all potential problems and risks during claims procedures and assist by all reasonable means in selecting options for resolving them.
Regardless of the role an entity has on a capital construction project, project owners, consultants and contractors need to ensure that all letters issued communicated during the project duration are in line with the entitlements and obligations set by the signed contract agreements. The FIDIC conditions of contract is the most common format of contract agreements used in the Middle East and North Africa (MENA) region. Therefore, for those involved in projects in the MENA region must ensure that all issued letters are in compliance with the relevant sub-clauses of the FIDIC conditions of contract.
To address their requirement, the International Federation of Consulting Engineers (FIDIC) and other construction industry subject matter experts have published books that provide examples of those letters. In addition, owners, consultants and contractors might retain the services of legal experts and contract management consultants to draft those letters. This will enable the individuals assigned to manage capital construction projects to issue those letters with confidence when it is needed. Those letters will become one of the organizational assets that those entities can use and keep improving.
The main objective of using the FIDIC letter template is to prepare the letter to be issued to the recipient entity. In other words, access to each FIDIC letter will be restricted to the individuals from the letter issuing entity. Therefore, it is highly recommended that each of these letters include a checklist that need to be reviewed and completed before the letter is approved for issuance.
Primary goal of FIDIC is to standardize best practices of contracts for consulting engineers worldwide. It publishes standard forms of contracts for clients, consultants, sub-consultants and joint ventures together with contract related materials such as standard pre-qualification form, performance guarantee form, letter of acceptance etc. Currently FIDIC membership covers 98 countries.
FIDIC is an international federation of consulting engineers with goal to standardize best practices of contracts for consulting engineers worldwide. FIDIC is well known in the consulting engineering for its work in defining Conditions of Contract for Construction. which is also called the Red Book. FIDIC publishes standard forms of contract for clients, consultants, sub-consultants and joint ventures together with contract related materials such as standard pre-qualification form, performance guarantee form, letter of acceptance etc. The effective administration of a FIDIC construction contract is essential to ensure that time and money claims are protected.
As a FIDIC Certified Contract Manager, the individual also has basic understanding and awareness of all other FIDIC Body of Knowledge (FBOK) documents, as described on the FIDIC website (www.fidic.org) and in particular, the FIDIC Procurement Procedure Guide (1st edition 2011).
When all parties involved in the construction process fully understand their roles and are able to anticipate potential points of conflict, disputes and delays will be minimised. An Employer's and Engineer's Guide to the FIDIC Conditions of Contract sets out the essential administrative requirements of a FIDIC based contract by reference to the FIDIC 1999 Red Book. The obligations and duties of the Employer and the Engineer are identified and discussed. Potential pitfalls are highlighted and likely consequences pointed out. The importance of the Employer's role in the preparation of tenders, which fully reflect his requirements and duties and obligations arising in the execution of the works, is emphasised. The key role of the Engineer in the effective administration of contracts after award is examined and commentary provided. Included in the guide are a number of appendices, including model letters which will be of value to less experienced staff (particularly those who are not native-English speakers). Engineers, quantity surveyors and project managers engaged in the contractual administration of international projects using FIDIC forms of contract will find the concise guidance in simple and jargon-free language provided here invaluable. This, together with the author's earlier book, A Contractor's Guide to the FIDIC Conditions of Contract - which describes the duties, rights and responsibilities of the Contractor - represents the totality of supervision, design and execution of construction projects executed under the FIDIC Conditions of Contract.
About the Author
It publishes standard forms of contracts for construction works, infrastructure projects, EPC/Turnkey projects, consultancy services, etc. and publishes agreements for clients, consultants, sub-consultants and joint ventures together with related materials such as standard pre-qualification form, performance guarantee form, letter of acceptance, etc.
Other contracts in the FIDIC family include the FIDIC sub-contract, The Blue Book, which is concerned with dredging and reclamation works, and The White Book, which is for the engagement of consultants by Employers.
The FIDIC contract suite currently covers many projects and procurement methodologies. As a result, any foreign contractor or consultant operating outside the UK is likely to meet the terms of the FIDIC contract terms.
The form was particularly frustrating for those advising employer clients, who assumed that it would be consistent with the FIDIC construction contracts and therefore was practically plug-and-play with the 1999 Rainbow Suite. This view was often encouraged by consultants who advised a FIDIC procurement route and then proffered the White Book as the appropriate form of contract for their own appointment.
On prerequisites alone, the bar is set quite high, including, in summary: a relevant professional qualification; ten years of industry experience; five years of senior level experience in construction disputes; understanding of the FIDIC forms and documents; and attendance at a training course. There is also a list of competences and other requirements, such as letters from referees in the industry.
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