UNDERSTANDING THE FIDIC RED BOOK A CLAUSE-BY-CLAUSE COMMENTARY NEW 2ND EDITION
Jeremy Glover and Simon Hughes QC With an introduction by Christopher Thomas QC
REUTERS/Nicky Loh
CONTENTS • • • • • • • •
UNDERSTANDING THE FIDIC RED BOOK A CLAUSE-By -CLAUSE COMMENTARY A WEALTH OF INSIGHT Featuring a new introduction from Christopher Thomas QC, and a new foreword from Robert Akenhead, this second edition offers unrivalled insight into the FIDIC Red Book 1999. The title opens with an overview chapter dealing with thematic issues such as the contract’s history and purpose, the concept of the engineer, time and money, dispute resolution, and enforcement of arbitral awards. In addition, you will also find comparison of the new contract with previous versions of the FIDIC Red Book and other widely used standard contracts.
DESIGNED TO GIVE YOU CLAUSE-BY CLAUSE CLARITY Understanding the FIDIC Red Book explains in detail the effect and operation of each clause through clause-by-clause commentary. Each clause is reproduced in full followed by a bullet point summary of key features plus additional commentary on the clause’s operation, including points of interest and consideration of recent case law. With each clause examined, you’ll find the expert guidance on interpretation you need. This will help you to solve any problems encountered in relation to a particular clause and to decide whether amendments need to be made to suit the situation.
ESSENTIAL COVERAGE: • Discusses the Multilateral Development Bank Harmonised edition (or Pink Book) 2010 and explains how this differs from the standard FIDIC Red Book contract • Looks at the changes in approach introduced by FIDIC in its 2008 Gold Book for Design, Build and Operate Contracts • Covers the provisions introduced by FIDIC in its 2011 Conditions of Subcontract • Features new insights on Claims, Disputes and Arbitration based on recently reported cases Coverage of new case law includes: • Singapore case of CRW Joint Operation v. PT Perusahaan Gas Negara (Persero) TBK
• • • • • • • • • • • • • • •
Overview General Provisions The Employer The Engineer The Contractor Nominated Subcontractors Staff and Labour Plant, Materials and Workmanship; Clause 8 – Commencement, Delays and Suspension Tests on Competition Employer’s Taking Over Defects Liability Measurement and Evaluation; Clause 13 – Variations and Adjustments; Contract Price and Payment Termination by Employer Suspension and Termination by Contractor Risk and Responsibility Insurance Force Majeure Claims, Disputes and Arbitration; General Conditions of Dispute Adjudication Agreement Annex Procedural Rules Table of Cases Table of Statutes General Provisions
ABOUT THE AUTHORS Jeremy Glover is a partner at Fenwick Elliott, the UK’s largest specialist construction and energy law firm. He advises on all aspects of projects both at home and abroad, from initial procurement to where necessary dispute avoidance and resolution. Jeremy is an accredited adjudicator and is the lead editor of Building Contract Disputes: Practice and Precedents, also published by Sweet & Maxwell. Jeremy is a member of the Board of Examiners on the Centre of Construction Law MSc programme at King’s College, London where he also teaches on adjudication and FIDIC issues. Simon Hughes QC has been a member of Keating Chambers since coming to the Bar in 1996 and he took Silk in 2011. He specialises in UK and particularly international construction & engineering work, with a particular focus on major disputes relating to the construction and commercial operation of complex power and industrial/process plants, many of which use FIDIC. He has extensive experience of conducting large disputes both in the UK and worldwide, most often with a team of local lawyers, whether through local courts or through the arbitral process; and he also has very wide experience of disputes involving contracts governed by law other than the law of England & Wales. Hardback December 2011 ISBN: 9780414044609 £250 / €363
• Trinidad and Tobage case of National Insurance Property Development Co Ltd v NH International (Caribbean) Ltd
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MORE NEW CONSTRUCTION TITLES 9TH EDITION
KEATING ON CONSTRUCTION CONTRACTS Stephen Furst QC and Sir Vivian Ramsey Assisted by contributors from Keating Chambers • Provides detailed commentary on all issues relating to construction contracts • Covers UK case law and relevant decisions from Europe and overseas • Reproduces the ICC form and the JCT 2011 form in full • Features key sections of Housing Grants, Construction and Regeneration Act • Includes a new chapter on Delay and Disruption
HUDSON’S BUILDING AND ENGINEERING CONTRACTS Nicholas Dennis QC, Mark Raeside QC and Robert Clay • Provides a comprehensive update of the law and interpretation of construction contracts since the 12th edition published in December 2010 • Puts construction contracts in the context of ever changing case law and legislation whilst at the same time taking into account the practical and commercial realities relating to construction projects • Includes a new section on domestic arbitration
Hardback December 2011
Hardback December 2011
£395 / €573.00 ISBN: 9780414047921
NEW 4TH EDITION
NEW 2ND EDITION
EPC CONTRACTS AND MAJOR PROJECTS: A GUIDE TO CONSTRUCTION AND OTHER PROJECT CONTRACTS Nigel Pritchard and John Scriven • Provides a guide to the components of engineering, procurement and construction contracts for major projects • Takes an in-depth look at the issues covered by EPC contracts identifying what the contracts cover and what are the variables and negotiating points • Examines the approach to and issues arising in respect of contracts related to EPC contracts including letters of intent, bonds and guarantees and direct agreements • Provides a comprehensive list of the issues covered by each project contract and operates as a checklist for the parties preparing and negotiating such contracts Hardback July 2011
FIRST SUPPLEMENT TO THE 12TH EDITION
£215 / €312 ISBN: 9780414045187
4TH EDITION
CONSTRUCTION INSOLVENCY: SECURITY, RISK AND RENEWAL IN CONSTRUCTION CONTRACTS Richard Davis • Provides commentary and analysis on the principles of law behind construction insolvency • Offers guidance on how to deal with the aftermath of formal insolvency • Includes new sections on: the legal aspects of the project bank account, the impact on construction law of insolvencies in the financial sector and the Amendments to the Housing Grants, Construction and Regeneration Act 1996 • Provides comprehensive coverage of case law across the UK and Commonwealth jurisdictions and across related legal disciplines Hardback April 2011
£65 /€95 ISBN: 9780414023055
£180 / €261 ISBN: 9780414046092
DELAY AND DISRUPTION IN CONSTRUCTION PROJECTS Keith Pickavance • Covers each potential stage of delay and disruption from inception and risk assessment through to dispute and settlement • Offers real solutions to problems likely to occur in construction projects • Completely revised, updated and expanded with a host of new sections • Deals with the comparative law in this subject for England, Scotland, Australia, Canada, Hong Kong, New Zealand and the United States Hardback December 2010
£295 / €428 ISBN: 9780414045200
Complete in BLOCK CAPITALS and black ink Please send me the following: Qty
Title
ISBN
Price
Understanding the FIDIC Redbook, 2nd edition, Hardback, December 2011
9780414044609
£250 / €363
Keating on Construction Contracts, 9th edition, Hardback, December 2011
9780414047921
£395 / €573
Hudson’s Building and Engineering Contracts, First supplement to the 12th edition, Paperback
9780414023055
£65 / €95
Hudson on Building and Engineering Contracts, 12th Edition, Mainwork and Supplement, December 2011
9780414023123
£415 / €603
EPC Contracts and Major Projects, 2nd edition, Hardback, October 2011
9780414045187
£215 / €312
Construction Insolvency, 4th edition, Hardback, April 2011
9780414046092
£180 / €261
Delay and Disruption in Construction Projects, 4th Edition, Hardback, November 2011,
9780414045200
£295 / €428
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