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FIDIC Red Book 1999—Engineer’s duties and authority—checklist

FIDIC Red Book 1999—Engineer’s duties and authority—checklist This Checklist outlines some of the Engineer’s duties and authority under the FIDIC Red Book 1999. For an analysis of the Engineer's role under the FIDIC Red and Yellow Books 1999, and the FIDIC Pink Book 2010, see Practice Note: FIDIC contracts (pre-2017 editions)—the role of the Engineer. In relation to the 2017 edition of the Red Book, see Checklist: FIDIC Red Book 2017: Engineer’s duties and authority. • Sub-Clause 1.5 The Engineer’s duty to issue clarification or instruction as to the priority of documents. • Sub-Clause 1.8 The Engineer’s right of access at all reasonable times to copies of the Contract, publications named in the Specification, the Contractor’s Documents (if any), the Drawings and Variations and other communications given under the Contract. • Sub-Clause 1.9 The Engineer’s duty to issue necessary drawings or instructions within a reasonable time. The Engineer’s duty to determine (under Sub-Clause 3.5 and upon receiving notice from the Contractor) time or money incurred as a result of the...

FIDIC Red Book 2017: Engineer’s duties and authority—checklist

FIDIC Red Book 2017: Engineer’s duties and authority—checklist This Checklist outlines some of the Engineer’s duties and authority under the FIDIC Red Book 2017 General Conditions of Contract. See also Practice Note: FIDIC contracts 2017—the role of the Engineer. In relation to the 1999 edition of the Red Book, see Checklist: FIDIC Red Book 1999—Engineer’s duties and authority. • Sub-Clause 1.3 The Engineer’s duty to comply with the Notice requirements when issuing a Notice. • Sub-Clause 1.5 The Engineer’s duty to issue clarification or instruction as to the priority of documents after receiving Notice of ambiguity or discrepancy or finding an ambiguity or discrepancy in the documents. • Sub-Clause 1.8 ◦ The Engineer’s right of access during normal working hours (or as otherwise agreed) to the Contract, the records under Sub-Clause 6.10 [Contractor’s Records] and Sub-Clause 20.2.3 [Contemporary records], the publications named in the Specification, the Contractor’s Documents, the Drawings and Variations, Notices and other communications given under the Contract. ◦ The Engineer’s duty to give Notice of an error...

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FIDIC contracts—introduction to the Silver Book 2017, reprinted 2022 with amendments

FIDIC contracts—introduction to the Silver Book 2017, reprinted 2022 with amendments In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Books. Three years later, in December 2022, FIDIC launched reprints. The FIDIC Silver Book 2022 reprint is to be described as ‘The Conditions of Contract for EPC/Turnkey Projects Second Edition 2017, reprinted 2022 with amendments’. It is published with the same ISBN number. The amendments include: • the errata issued in December 2018 (see News Analysis: Errata to FIDIC 2017 contracts published) • the additional errata issued in June 2019, and • further errata and new amendments made in November 2022 (and said to be effective from 1 January 2023) which FIDIC describe as ‘improvements & clarifications in response to industry feedback + to support the increased use of 2017 contracts' There is no obligation to use the FIDIC 2022 reprints. The Parties are free to choose the original FIDIC 2017 books if they prefer. This Practice Note is an introduction to the FIDIC Silver...

Power purchase agreements (PPAs)—key terms and issues

Power purchase agreements (PPAs)—key terms and issues What is a power purchase agreement? A power purchase agreement (PPA) is a contract between an electricity generator (generator) and the party who is purchasing the power (offtaker) which incorporates the commercial terms for the sale and purchase of electricity for a generation project. For details of our full suite of resources and precedents on power purchase, see: Power purchase agreements and routes to market—overview. The PPA provides a route to market for the electricity generated by the generator and, in the case of renewable energy generating stations, any green benefits that the generator receives for generating electricity from renewable sources and that may be sold to electricity suppliers. The PPA is the contract pursuant to which a large proportion (if not all) of a project's revenues are earned and consequently the PPA underpins the economics of most power projects. The majority of PPAs will contain provisions dealing with the following issues: • commencement and term • sale...

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Special Conditions: MF/1 Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant 2014 edition (rev 6)

Special Conditions: MF/1 Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant 2014 edition (rev 6) Special Conditions: MF/1 Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant 2014 edition (rev 6) Special Conditions The General Conditions in the MF/1 Model Form of Contract, for the design, supply and installation of electrical, electronic and mechanical plant 2014 edition (rev 6) shall have effect as modified by the following: Clause 1.1 Definitions and interpretations 1.1.d Delete the definition of ‘Contract’ and substitute:‘Contract’ means the Agreement and the other documents listed as forming the contract in the Agreement. 1.1.f In the definition of Contract Value delete ‘other than under sub-clause 6.2 (Labour materials and transport),’. 1.1.y Delete the definition of ‘Purchaser’ and substitute:‘Purchaser’ means the person named as Purchaser in the Agreement and all permitted assignees or transferees under the Contract. 1.1.gg In the definition of Sub-Contractor delete ‘with the consent of the...

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Construction weekly highlights—14 February 2019

This week’s edition of Construction highlights includes the publication of errata to the FIDIC 2017 contracts, further delay to the second reading of the Construction (Retention Deposit Schemes) Bill, publication of draft amendments to the Civil Procedure Rules (CPR) to prepare for Brexit and the rolling out of electronic filing to Business and Property Courts outside of London.

Errata to FIDIC 2017 contracts published

Construction analysis: FIDIC have published errata to the 2017 editions of the Red, Yellow and Silver Books, to correct various errors contained in the contracts as originally published.