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In the box below the Question & Answers you can put some relevant comments that will be integrated in the report.

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1. What is the type of Customer (Employer/Owner)?

2. What is the type of contract?

3. Prices are (firm vs escalation) ... ?

4. Payment terms are (Terms of Payment, Payment Security) ... ?

5. What are the conditions for starting work on Variation Orders (scope, prior agreement)?

6. What are the rules around bank guarantees (amount, rating clause)?

7. What risks are Customer's risk (Employer's risk/data/FM/Site Risks)?

8. Compensation received for (Claims/Extension of Time etc)

9. Subcontractor/Supplier selection freedom

10. Currency risk

11. Fiscal Risk (double taxation, transfer of title, payment of import taxes)

12. Taking-Over / Provisional Acceptance ("deemed taking-over")

13. Delay and Performance LDs (Liquidated Damages)

14. Limit of Liability (exceptions/"carve outs")

15. Special, indirect and consequential damages

16. Contractor's suspension rights

17. Contractor's termination rights

18. Customer's termination rights

19. Contract Law and Dispute Resolution

20. Warranty (period, "evergreen")


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Jan Bouckaert

Jan Bouckaert is a FIDIC Certified Adjudicator (President's list) with 25 years of worldwide experience in negotiation of complex construction, renewable energy, power and infrastructure projects. He is also specialized in contract management, project controls and alternative dispute resolution. During Jan’s career path, he lived in France, Belgium, Egypt, India and Portugal and worked for GE Renewable Energy, Alstom Hydro, Besix/Six Construct. He is a Civil Engineer from the University of Leuven (Belgium) and has an MBA from ISEG (Portugal). He speaks fluently English, French, Portuguese and Dutch. Jan is the founder of AfiTaC, a company giving advice on international tenders and contracts. Be welcome to connect on LinkedIn: https://www.linkedin.com/in/afitac/

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