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The Conditions of Contract consist of the “General Conditions”, which form part of the Short Form of Contract 1999 published by the “Federation Internationale Des Ingenieurs Conseils (FIDIC)”, and the following “Conditions of Particular Application” (COPA), which include amendments and additions to such General Conditions. In case of contradictions, the provisions of the COPA shall prevail over those in the General Conditions. This document is provided by the International Humanitarian Infrastructure Platform (IHIP) on an information basis only and is not intended to provide any legal advice. The responsibility of using of such document remains with the entities using and entering into the Contract. Any rights and obligations resulting from this document and the Contract are with the entities entering into the Contract, and IHIP shall under no circumstances be responsible or liable for the use of such document.
Consult the following guidance notes prepared by IHIP to follow the step by step introduction:
Those Conditions Of Particular Application are considered complementary to the General Conditions part of the FIDIC SHORT FORM of Contract (First edition 1999). Whatever stated in those COPA such as addition, deletion or amendment to the General Conditions Clauses shall prevail and is to be taken into account to the extent that clarifies or adds or amends these Clauses.
The COPA to FIDIC SHORT FORM of Contract for the Humanitarian construction works have been designed by the IHIP CONTRACT COMMITTEE to derisk HUMANITARIAN project through better contracts. It includes 40 improvements:
BETTER CONTRACT MANAGEMENT (19 Improvements)
IMPROVED RISK ALLOCATION (11 Improvements)
IMPROVED PROCUREMENT (11 Improvements)
The contract is the addition of both the general conditions and the particular conditions. The contract is signed between the Employer and the Contractor.
The General Conditions are part of the FIDIC SHORT FORM of Contract (First edition 1999) which you can them find on the FIDIC website:
https://fidic.org/books/short-form-contract-1st-ed-1999-green-book You can buy a printed version for 25€ or a downloadable PDF which you can print 10 times for 150€.
FIDIC is a French language acronym for Fédération Internationale des Ingénieurs-Conseils, which means the International Federation of Consulting Engineers. It was founded in 1913 by the France, Belgium and Switzerland. Currently, FIDIC is based in Geneva, Switzerland and has members from more than 100 countries.
Since its founding, FIDIC’s main activity is publishing international standard forms of Contracts. First standard form of Contract was The Form of contract for works of Civil Engineering construction, in 1957. It became famous by its cover and called “The Red Book”. Ever since then, it has become the tradition that FIDIC Contracts are known by the colour of their cover.
Due to the broad support it enjoys, FIDIC Conditions of the Contract are widely accepted by Multilateral Development Bank. Therefore, they are the most used types of Contracts on international Projects. Usually, FIDIC Conditions of the Contract consist of two parts: Part A is widely known as General Conditions of the Contract and Part B as Particular Conditions of the Contract.
Part A or General Conditions of the Contract defines risk allocation between the Parties. More precisely, it defines the rights and obligations of each Party, procedures for payments, variations, certifications, disputes resolution etc. They are published by FIDIC organization and should not be modified.
In conclusion, all changes, additions/ omissions and amendments of General Conditions of the Contract should be done using Particular Conditions of the Contract.
Part B or Particular Conditions of the Contract defines conditions which are specific to a Project and the Country where the works are executed. They are used for addition/ omission and change of General Conditions of the Contract. The purpose of the Particular Conditions of the Contract is to define everything what could not be defined in General Conditions of the Contract.