The 1999 FIDIC Contract is one of the iconic and popular construction contract templates used all around the world. With the aim of popularizing and sharing the essential content of the 1999 FIDIC Contract, annually and periodically, CNC always hold counseling session for FIDIC Contracts in Ho Chi Minh and Hanoi
Recently, on June 06, 2020, CNC held a Counseling Session on the Management of the 1999 FIDIC Contracts for participants from different workplaces and worked in various roles such as Contractors, Employers, Legal Department, Contract Managers…
The Counseling Session shall be led by Mr. Le The Hung– CNC’s Managing Partner, one of the leading legal experts in the construction field, who shall give advice and his share of experience.
In this session, Mr. Hung together with the participants shall focus on exchanging and clarifying the following matters:
+ Introduction to FIDIC Contract Templates for Construction Works (Red Book, Yellow Book, Silver Book, Green Book)
+ Risk allocation in FIDIC Contracts
+ Selection of appropriate FIDIC Contracts template for Construction Works
+ Structure of FIDIC Contracts for Construction Works
+ Introduction to Particular Conditions of Contract (PC):
- General Provisions
- Nominated Subcontractor
- Design
- Time Management
- Completion and Taking-Over
- Measurement and Evaluation
- Test after Completion
- Variation and Adjustment
- Contract Price and Payment
- Termination by Employer
- Risks and Responsibility
- Insurance
- Claims, disputes and Arbitration
+ Introduction to Appendix to Bidding Dossier
+ FIDIC Contracts
+ Parties to FIDIC Contract and Relevant works
+ Exchange on and answer for practical issues
Questions and Situations for Discussion
Aside from the introduction to FIDIC Contracts, Mr. Le The Hung also discussed and answered the questions and existing issues forwarded by the participants.
+ Which Development (Reconstruction) Bank, international financial organization would recommend or require the application of FIDIC contracts
+ Which FIDIC Contract templates are available? Make a list of relevant information
+ Should the Contractor bear all the risks?
+ List the Clauses in order according to Red Book, Yellow Book, and Silver Book (General Conditions)
+ Compare and evaluate the hypothesis when adjusting the payment clauses in Particular Conditions of Contract)
+ Play the Role of the Employer and Contractor to give opinions on definitions in accordance with the hypothesis
+ Could the Engineer give a fair and reasonable decision? Could another Party to the Contract afford the same?
+ Arrange and make changes to the priority of contract documents in the hypothesized situation.
+ The legal consequences of issuing a Taking-Over Certificate?
+ Determine whether or not the Contractor could claim extensions of time based on contractual clauses the and hypothesized situation
Benefits of the Counseling Session
The Counseling Session has achieved success beyond expectation due to the interaction, active participation, exchange, and forwarded resolution to the legal issues brought up by the participants. Under the advice and counsel given by Mr. Hung, all of the participants have gained precious experience
By the end of the Session, the participants shall:
+ Have essential knowledge of FIDIC Contract Templates
+ Be able to realize appropriate FIDIC Contract template for each situation
+ Understand the structure of FIDIC Red Book, Yellow Book, and Silver Book 1999
+ Have the sources to find the necessary information
+ Be Able to Draft Particular Conditions of Contract, Letters of Award, and other documents in the Contract
+ Be able to interact with others and Study from actual cases
+ Be Awarded the Participant Certificate
Pictures taken from the Session
To conclude the Counseling Session, CNC express our gratitude to the participants for their participation
Continue with this success, CNC shall organize more Counseling Sessions on the Management of the 1999 FIDIC Contract in the near future, while constantly adding changes so that more value could be offered to participants.
Support:
CNC is proud to be one of the few pioneering law firms in Vietnam to introduce FIDIC to contractors, employers, and engineers. This plays a significant role for works pertaining to construction activities.
CNC | Law Firm specializing in Real Estate, Construction
The Sun Avenue, 28 Mai Chi Tho, An Phu Ward, Thu Duc City, Ho Chi Minh City, Vietnam
T: (+84-28) 6276 9900 | H/L: (+84) 916 545 618
Cnccounsel.com|contact@cnccounsel.com
