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Welcome to DRBF Conference Welcome to DRBF Conference
Eng. Dr. Kamal Adnan Malas
Some misapplications of FIDIC Red Book Some misapplications of FIDIC Red Book 1987 1987
Some misapplications of FIDIC Red Book Some misapplications of FIDIC Red Book 1987 1987
5-2
Priority of contract documents
Extending the Completion date
Handing Over Certificate
44-1
48-1

Handing Over Certificate
Variations
Claims
Funny Arbitration Clause
67
48-1
51-1
53-2
The Engineer cancelled the Priority of Documents Clause.
The Result:
Some misapplications of FIDIC Red Book Some misapplications of FIDIC Red Book 1987 1987
5-2
Priority of Contract Documents

The Result:
In case of contradiction between the documents (which is
common practice). And after that the dispute is to be
resolved through Arbitration.
Then the result in the Arbitration is unknown due to the fact
that the Arbitrator is not bound with any condition
regarding the priority of documents.
The Engineer ignores the contractor requests, and did not
give any decision regarding time for completion.
The Engineer gives variations order with out considering any
Extension Of Time (EOT)
44-1
Some misapplications of FIDIC Red Book Some misapplications of FIDIC Red Book 1987 1987

extension of time leaving that till the end of the project?
The Result:
In case of termination of contract then may be the result is
not as per the engineer and (the employer) thoughts. they
missed the chance to agree with the contractor about Its request
for EOT.
The Engineer refuses to sign the handing over certificate, in-
spite that he signed the Municipality completion certificate.
After signing the Municipality certificate the Engineer giver
new variation orders to the contractor, and refuses to sign the
Some misapplications of FIDIC Red Book Some misapplications of FIDIC Red Book 1987 1987
Handing over certificate
48-1

handing over certificate before the executing of these new
variations.
The Engineer issued the handing over certificate with out
informing the contractor.
The Engineer continue issuing snag lists and always mention
that the work is not done even if he has letter from the
contractor informing the engineer tat the snag list work is done.
The Result:
Many disputes between the employer and the contractor which
lead to big losses ( always the employer pay the price of the
Engineer bad decision)
The Engineer cancel the maximum variation limit ( %25 )
and leave it open ( He thinks that he could increase the
Some misapplications of FIDIC Red Book Some misapplications of FIDIC Red Book 1987 1987
Variations
51-1

and leave it open ( He thinks that he could increase the
variation in this way )
The Result:
In civil Law countries ( The employer ) looses his right to order
the contractor to execute variations with the same break down
prices of the contract.

Some misapplications of FIDIC Red Book Some misapplications of FIDIC Red Book 1987 1987
Claims
52-1
The Engineer refuse to give decision about the claims, and
postponed them till the end of the Project.


The Engineer refuse to give decision about the claims, and
postponed them till the end of the Project.

Examples:
All disputes will be resolved through Arbitration, and after
completing the Arbitration procedures then recourse to courts.
Funny arbitration clauses
67
Some misapplications of FIDIC Red Book Some misapplications of FIDIC Red Book 1987 1987

The Engineer is the sole Arbitrator and his decisions are final
and binding.

Thank
You
Some misapplications of FIDIC Red Book Some misapplications of FIDIC Red Book 1987 1987
Eng. Dr. Kamal Adnan Malas
You