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The right of claim for compensation of contractor of term and conditions of cont

来源: 作者:Stand originally 时间:2009-01-03 Tag: 点击:

FIDIC, namely the term and conditions of contract of civil engineering construction that federation of international advisory engineer writes (condition of FIDIC of later development abbreviation) it is exclusive and special for civil engineering construction all over the world the standard term and conditions of contract that limits issues. When housing and civil engineering project all over the world when invite public bidding, this condition is term and conditions of contract of uses at most a kind of standard. Although repeatedly via revising, encounter criticism sometimes even, this condition remains the standard of term and conditions of contract of other of the assess on the world and measure. Can be in international can in the world current construction term and conditions of contract, this condition reached top level.

At 1987 the 4th new version and FIDIC condition used a guideline 1989 (guideline of FIDIC of later development abbreviation) during be being popularized formally, the author expresses bit of view to right of claim for compensation of the contractor in FIDIC condition here.

FIDIC condition is the same as its prototype, one England term and conditions of contract is same, provided rights of a lot of important claim for compensation for contractor. Among them more than 30 all set, in the contractor below specific requirement owner of requirement having right pays additional debt, or lengthen project complete time limit for a project, perhaps hold concurrently and have. Specific requirement is to show the circumstance produced change, or unlike actual condition, or unlike the case that when bidding, can see beforehand originally.

Differ with fixed price contract, FIDIC condition allows, also encourage contractor to be in actually the incident of have not expect, the spot circumstance that cannot foreknow for example, claim for compensation raises below occurrence special situation. Since, FIDIC condition allows contractor to raise claim for compensation below the circumstance of specific provision, so abet of course of study marks a price with what FIDIC condition obtains should what can secure price contract obtain than using is low. On the other hand, when use FIDIC condition, owner still must take superabundant land, or use other origin to prepare to pay to exceed the cost that marks a price so as a result of contractor claim for compensation. Not only contractor is OK claim for compensation, FIDIC condition still has a lot of clauses to provide owner to contractor claim for compensation. However, the position of owner is different from contractor greatly however. The responsibility of contractor is engineering construction, complete repairs the blemish in the project, and the responsibility of owner is the fee that pays its to perform duty to contractor. Owner is draw out money advocate, he can carry strike a balance, buckle send this answering to expire the claim for compensation that the debt implementation that pays contractor raises to contractor. On the other hand, the program that contractor must set by FIDIC condition asks its claim for compensation to inform an engineer ability gets the thing that he should get beforehand.

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