FIDIC term and conditions of contract is practical skill -- first order clause - China Project Management Net
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FIDIC term and conditions of contract is practical skill -- first order clause
From;    Author:Stand originally

Each other are restricted and each other is a specification FIDIC contract between each clause, but sometimes hard to avoid appears in specific place different meanings or ambiguous, may happen between each clause even contradict circumstance.

After encountering this kind of situation, the contractor that lacks experience generally feels generally lose one's head, processing is undeserved as a result, often body defect predicament. Investigate its reason, basically be the first order to contract provision does not understand very, this also creates the crux of the problem of oneself passivity just about. The first order clause in discussing FIDIC contract below (PriorityClause) reachs his to apply actually.

Although contract content regulation should be quite detailed, but hard to avoid is put in certain blemish and consideration not Zhou Zhi is in, perhaps appear the place with abhorrent understanding. Almost all clause with cost, price, pay, time limit for a project and responsibility having direct connection, affect the rights and interests with owner and respective contractor necessarily, any one party in making a contract easily also bilateral capture favorable to oneself article and not plan the others, each sticks to his own view, create the situation that conflict does not play.

The content that each component place includes contract file is quite extensive, all detail that good case should be a project try clearly in contract document to explain and be without any place that collide each other. But, real case is endless and such. Often be contract content more complex, appear more easily all sorts of different meanings create contradiction. Mix to technical standard in the contract for example the provision that checks and accept a standard is compared possibly sometimes mixed and disorderly, return adulteration to the project is in certain rules of the country and regulation even, during such likelihoods cause a project to carry out, contradiction appears again and again. If do not know the method that handles different meanings, can hold to blindly oneself see, form misunderstanding consequently even prejudice, to project project carry out smoothly be sure to create an obstacle. Accordingly, detailed provision must be made to this in contract provision, make namely should appear when afore-mentioned contradiction or data are in short supply, how to explain contract and the order that handle different meanings. The essence of this program sets a contract namely the first order of each clause, so that relevant parties handles occurrence contradiction according to preferential sex principle, accomplish have Zhang Ke follow, obtain necessary legal safeguard.

About first order of the clause, be in normally the general provision of FIDIC contract the 5.2nd (the first order of contract document) in give clear, or be compensatory specification is made additionally in relevant special provision, normally ordinal it is respectively:

(1) contract agreement;


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