FIDIC and legal systems – Questionnaire

Published by Jan Bouckaert on

Questionnaire on FIDIC in legal systems

Subject: questionnaire on the use of FIDIC, including its acceptance and modifications on contracts in the construction business

Hello,

I am Hemant Sharma, originally a renewable energy project professional having worked with leading Hydropower equipment manufacturers. Currently, I am pursuing an accredited MBA at one of the world’s top 100 business schools, GEM – Grenoble Ecole de Management. As part of my MBA program, I have chosen an academic research project related to international business in the construction industry.   

Project Aims: The objective is to study (as applied to FIDIC):

  • the impact of legal systems on international contracts,
  • the development of standard contract conditions, and
  • its acceptance by the international contracting community (including contract professionals supporting Employers, Contractors as well as consulting Engineers).

This study may act as a guide for contract professionals – developing contract proposals or managing construction projects – in an international environment, exposed to legal systems impacting on their contracts. 

Data sharing: Any data (including personal details) are being collected through this questionnaire on FIDIC only for academic purposes and shall not be published other than in an aggregated way. The results of the survey shall be available on request.

Welcome to your FIDIC Questionnaire

[Below each question, you have a box where you may provide comments.] 

1. How often have you used FIDIC standard contracts for international construction contracts?

2.  In these contracts based on FIDIC, how often did the contracts contain major deviations from/substantial amendments to the General Conditions?

3. How many clauses were amended / contained deviations from the standard FIDIC wording through particular conditions? Considering that there are 20 [1999]/21 [2017] clauses in standard FIDIC

4. Which type of deviations/amendments were they?

5. Please provide your top 5 of conditions that were amended: (choose 5 items out of the following list) 

6. The main source of these amendments was:

7. If the deviation/amendment was due to the legal system, which legal system has obliged you to make material modifications?

8. Would you be willing to sign a FIDIC contract with only contract data while keeping all original terms?

9. If you answered "no" on the preceding question, what was the reason?

10. What are the 5 most important issues you look for when analyzing a draft contract ? (choose 5 out of the following list of 10 terms )

Thank you very much for filling out this questionnaire.

Note that, for the statistical treatment of this information, we kindly ask you to fill out at least two fields below: "Professional function"  and "Country of profession". The other fields are optional. Anyway, your information will always be treated as confidential.

About AfiTaC

AfiTaC.com is the blog on commercial and contractual subjects for the Project Businesses (Construction, Infrastructure, Oil & Gas, Power & Renewable, Water Supply & Sanitation, etc). Its objective is to stimulate reflection, learning, convergence to balanced contracts and positive dispute resolution. You can subscribe to our newsletter by writing to “newsletter@afitac.com”. You can also connect to our LinkedIn page. Engagement with the readers is what keeps us going. So, don’t hesitate to exchange with us by commenting here below, liking our publication on LinkedIn and writing to us “info@afitac.com”. 

Categories: Uncategorised

2 Comments

Amit Pokhrel · 30 March 2020 at 18 h 02 min

Contract management and dispute resolution is one of the critical theory, the person who know how to use this, he also have to think from analytical and he should be more logical because it leads with commercial and payments.

Reply

Amit Pokhrel · 3 September 2020 at 7 h 12 min

When anybody is dealing with the FIDIC or any contractual obligation then he/she most know the cause and effect to find the root problems first.

Reply

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