Search results for """ "FIDIC Quick Reference Guide Red Book""
Emerald Publishing Limited FIDIC Quick Reference Guide Red Book
Book SynopsisThis book provides commentary on the FIDIC Red Book: FIDIC Conditions of Contracts for Construction for building and engineering works designed by the Employer.
£42.00
ICE Publishing FIDIC Quick Reference Guide Silver Book
Book SynopsisThe FIDIC (Fédération Internationale des Ingénieurs-Conseils) forms of contract are used extensively throughout the world to further the aims of the construction industry at large. In both the developed and the developing world they play a crucial role in ensuring that project objectives are satisfactorily achieved.The FIDIC Quick Reference Guide: Silver Book provides commentary on the FIDIC Silver Book: FIDIC Conditions of Contract For EPC/Turnkey Projects, which is suitable for a process or power plant, a factory or similar facility, or an infrastructure project or other type of development, if a higher degree of certainty of final price and time is required and the Contractor takes total responsibility for the design and execution of the project. The book is a valuable tool for practitioners who are either preparing or using the contract form, as it directs the user through the various cross-referenced sub-clauses.Rather than solving a problem afte
£42.00
Emerald Publishing Limited FIDIC Quick Reference Guide
Book SynopsisThis book provides commentary on the FIDIC Pink Book: The MDB Harmonised Edition of the Red Book for use with contracts which have been financed by one of the participating multilateral development banks.
£42.00
John Wiley & Sons Inc A Contractors Guide to the Fidic Conditions of
Book SynopsisThis guide will help the contractor's staff overcome some of the difficulties encountered on a typical international contract using FIDIC forms. The majority of FIDIC-based contracts use the Red Book (Conditions of Contract for Construction), so this book concentrates on the use of those particular forms. Supplementary comments are included in Appendix C for the Yellow Book (Plant & Design-Build) recommended for use where the contractor has a design responsibility. The Contractor is represented on site by the Contractor's Representative who carries the overall responsibility for all the Contractor's on-site activities. In order to provide guidance to the Contractor's Representative and his staff, this book is divided into five sections: A summarized general review of the Red Book from the Contractor's perspective. A review of the activities and duties of the Contractor's Representative in the same clause sequencing as they appear in thTable of ContentsPreface v Acknowledgements and dedication ix Chapter 1 Review of the FIDIC Conditions of Contract for Construction (CONS) – ‘The Red Book’ 1 Chapter 2 Activities and duties of the FIDIC Contractor’s Representative discussed in the same order as they appear in the FIDIC Conditions of Contract 105 Chapter 3 Activities and duties of the FIDIC Contractor’s Representative summarised and arranged in time sequence 143 Appendices 157 Appendix A Contractor’s claims under a CONS contract 159 Appendix B Employer’s claims under a CONS contract 161 Appendix C Conditions of Contract for Plant and Design-build (P & DB) – ‘The Yellow Book’ 162 Appendix D Conditions of Contract for EPC/Turnkey projects (EPCT) – ‘The Silver Book’ 165 Appendix E Other FIDIC publications 166 Appendix F Model form for submissions to the Engineer for approval and/or consent 168 Appendix G Model form of daywork/daily record sheets 169 Appendix H Evaluation of cost 171 Appendix I Contractor’s overhead costs 173 Appendix J Model letters for use by the Contractor 178 Introduction to indexes 250 Index of sub-clauses (FIDIC system) 251 Index of sub-clauses (sorted according to FIDIC clause numbering system) 258
£64.55
John Wiley and Sons Ltd An Employers and Engineers Guide to the Fidic
Book SynopsisWhen all parties involved in the construction process fully understand their roles and are able to anticipate potential points of conflict, disputes and delays will be minimised. The Employer's and Engineer's Guide to the FIDIC Conditions of Contract sets out the essential administrative requirements of a FIDIC based contract by reference to the FIDIC 1999 Red Book. The obligations and duties of the Employer and the Engineer are identified and discussed. Potential pitfalls are highlighted and likely consequences pointed out. The importance of the Employer's role in the preparation of tenders, which fully reflect his requirements and duties and obligations arising in the execution of the works, is emphasised. The key role of the Engineer in the effective administration of contracts after award is examined and commentary provided. Included in the guide are a number of appendices, including model letters which will be of value to less experienced stafTable of ContentsPreface vii Acknowledgements and Dedication xi Chapter 1 The Employer and the FIDIC Conditions of Contract for Construction (CONS) – ‘The Red Book’ 1 Chapter 2 The Engineer and the FIDIC Conditions of Contract for Construction (CONS) – ‘The Red Book’ 71 Appendices 145 Appendix A Conditions of Contract for Plant and Design-Build 1999 (P & DB) ‘The Yellow Book’ 147 Appendix B Conditions of Contract for EPC/Turnkey Projects (EPCT) ‘The Silver Book’ 150 Appendix C Other FIDIC Publications 151 Appendix D Employer’s Claims under a CONS Contract 153 Appendix E Contractor’s Claims under a CONS Contract 154 Appendix F Preparation of Interim Payment Certificates 156 Appendix G Model Form for Submissions to the Engineer for Approval and/or Consent 160 Appendix H Model Form of Engineer’s Order for Varied Works 161 Appendix I Model Form of Daywork/Daily Record Sheets 162 Appendix J Model Letters for Use by the Employer 164 Appendix K Model Letters for Use by the Engineer 175 Introduction to Indexes 205 Index of Sub-Clauses (FIDIC System) 206 Index of Sub-Clauses (sorted according to FIDIC Clause numbering system) 212
£65.66
Emerald Publishing Limited FIDIC Red Book Revised edition
Book SynopsisFIDIC Red Book is a practical guide for anyone involved in preparing, administering, or contributing to the FIDIC suite of contracts, 2017 edition. This revised edition covers a number of recent developments including the 2022 amendments, impacts of COVID-19, and the war in Ukraine, as well as guidance on use of FIDIC Contracts.
£63.00
Emerald Publishing Limited Fidic Users Guide
Book SynopsisFIDIC Users'' Guide: A practical guide to the Red, Yellow, MDB Harmonised and Subcontract Books focuses on the practical administration of the Federation Internationale des Ingenieurs-Conseils (FIDIC) Conditions of Contract for Construction and the Conditions of Contract for Plant & Design-Build, a revised family of Conditions of Contract published in 1999 to address the increasing size and complexity of construction projects. Brian Barr and Leo Grutters have comprehensively updated Brian Totterdill's previous edition, taking into account newly published forms of contract, case studies, and FIDIC's expansion into a more international arena. The book recognises the growing tendency for projects to be administered by local employers, consultants and contractors as well as by experienced international organisations. Thus, the new edition of the FIDIC Users'' Guide aims improve working relationships between all contract parties. FIDIC Users'' Guide: ATrade ReviewThis work of reference brings professional insights into and practical solutions for the more contentious and controversial issues when dealing with FIDIC contracts. -- Dr. Cyril Chern, Barrister, Dispute Board FederationTable of ContentsPart 1. The Traditional and the 1999 FIDIC Conditions of Contract Part 2. The FIDIC Conditions of Contract for Construction and for Plant and Design-Build Part 3. Appendices Part 4. MDB Harmonised Edition of the FIDIC Conditions of Contract for Construction Part 5. Sub-Clause comparison
£85.02
John Wiley and Sons Ltd Guide to the Fidic Conditions of Contract for
Book SynopsisEnables readers to easily understand the contract to enable better compliance and efficiency Guide to the FIDIC Conditions of Contract for Construction: The Red Book 2017 helps the reader overcome some of the difficulties encountered on a typical international construction project using the FIDIC Construction Contract 2nd Edition (the 2017 Red Book), by summarizing the activities and duties of those involved, and crystallizing the requirements of the contract. To aid in reader comprehension, the text explains clauses in the sequence they appear in the contract, but also in the order they happen in real time on site. It further provides practical guidance in a concise manner, and in straightforward, jargon-free language. It is a highly practical resource for use during the project, rather than a legal review of the contractual requirements, ensuring readers are fully conversant with the revised requirements and procedures mandated by the 2017 edition of the contraTable of ContentsPreface Acknowledgements Clause 1 General Provisions Clause 2 The Employer Clause 3 The Engineer Clause 4 The Contractor Clause 5 Subcontracting Clause 6 Staff and Labour Clause 7 Plant, Materials and Workmanship Clause 8 Commencement, Delays and Suspension Clause 9 Test on Completion Clause 10 Employer’s Taking Over Clause 11 Defects after Taking Over Clause 12 Measurement and Valuation Clause 13 Variations and Adjustments Clause 14 Price and Payment Clause 15 Termination by the Employer Clause 16 Suspension and Termination by the Contractor Clause 17 Care of the Works and Indemnities Clause 18 Exceptional Events Clause 19 Insurance Clause 20 Employer’s and Contractor’s Claims Clause 21 Disputes and Arbitration Appendices Appendix A Guidance for the Preparation of Particular Conditions Appendix B Employer’s Claims Appendix C Contractor’s Claims Appendix D Notices and Site Organisation Appendix E Daywork and Contemporary Record Sheets Appendix F Contractor’s Costs Appendix G Joint Ventures Index
£76.50
Taylor & Francis Ltd Understanding FIDIC The Rainbow Suite
Book SynopsisUnderstanding FIDIC explains in simple and practical terms what is often seen as a very complex range of international engineering and construction contracts.Covering the FIDIC 2017 Red, Yellow and Silver Books (referred to as The Rainbow Suite), the book gives an overview of all three contracts, including coverage of changes between the 1999 contracts and the present 2017 suite. FIDIC contracts are widely used as far afield as Europe, the Middle East, Asia and Australia, and this book provides a practical yet thorough guide to the key elements that practitioners preparing and administering these contracts would need to be aware of. In his approachable and readable style, Kelvin Hughes covers: The obligations and responsibilities of the Employer, the Employer's Representative, the Engineer and the Contractor Quality and Defects Liability Design Responsibility and Liability Variations, Measurement and PaymTable of Contents 1. Overview of FIDIC and its Contracts 2. The 'Old and the New' - FIDIC 1999 Becomes FIDIC 2017 3. Obligations and Responsibilities of the Employer, The Employer's Representative, The Engineer and the Contractor 4. Quality and Defects Liability 5. Design Responsibility and Liability 6. Variations, Measurement and Payment Procedures 7. Progress, Delays, Extensions of Time and Completion 8. Suspension and Termination 9. Care of the Works and Indemnities, Exceptional Events, Insurance 10. Employer's and Contractor's Claims 11. The Dispute Avoidance/Adjudication Board and the Resolution of Disputes 12. Tendering Using the FIDIC 2017 Contracts
£45.99
Emerald Publishing Limited Fidic Green Book
Book SynopsisFIDIC Green Book: A companion to the 2021 Short Form of Contract is a practical guide for anyone involved in preparing, administering, or contributing to the 2021 FIDIC Short Form of Contract (FIDIC Green Book).
£47.50
Emerald Publishing Limited FIDIC 2017
Book SynopsisFIDIC 2017: The Contracts Manager’s Handbook is a practical guide to the effective use of the management procedures within the 2017 FIDIC suite of contracts. It is an essential companion for all users of the FIDIC 2017 suite of contracts, and for users from any position in the management chain, whether Employer, Engineer or Contractor.
£81.00
Taylor & Francis Ltd Understanding FIDIC The Rainbow Suite Understanding Construction
Book SynopsisUnderstanding FIDIC explains in simple and practical terms what is often seen as a very complex range of international engineering and construction contracts.Covering the FIDIC 2017 Red, Yellow and Silver Books (referred to as The Rainbow Suite), the book gives an overview of all three contracts, including coverage of changes between the 1999 contracts and the present 2017 suite. FIDIC contracts are widely used as far afield as Europe, the Middle East, Asia and Australia, and this book provides a practical yet thorough guide to the key elements that practitioners preparing and administering these contracts would need to be aware of. In his approachable and readable style, Kelvin Hughes covers: The obligations and responsibilities of the Employer, the Employer's Representative, the Engineer and the Contractor Quality and Defects Liability Design Responsibility and Liability Variations, Measurement and PaymTable of Contents 1. Overview of FIDIC and its Contracts 2. The 'Old and the New' - FIDIC 1999 Becomes FIDIC 2017 3. Obligations and Responsibilities of the Employer, The Employer's Representative, The Engineer and the Contractor 4. Quality and Defects Liability 5. Design Responsibility and Liability 6. Variations, Measurement and Payment Procedures 7. Progress, Delays, Extensions of Time and Completion 8. Suspension and Termination 9. Care of the Works and Indemnities, Exceptional Events, Insurance 10. Employer's and Contractor's Claims 11. The Dispute Avoidance/Adjudication Board and the Resolution of Disputes 12. Tendering Using the FIDIC 2017 Contracts
£115.00
Taylor & Francis Ltd (Sales) FIDIC Yellow Book
Book SynopsisThe book analyses every aspect of the ease or otherwise of implementing the FIDIC Yellow Book Conditions of Contract. On a clause-by-clause basis, it highlights important structural features and suggests alternative text to avoid problems with the contract. Written in a user-friendly manner by an expert user of the FIDIC Suite of Contracts, who is a Member of the FIDIC Presidentâs List of Adjudicators, this book will be a vital reference point for contractors, lawyers, engineers, arbitrators and all others concerned with the FIDIC contracts.Table of ContentsAcknowledgements GlossaryCHAPTER 1 CLAUSE 1 GENERAL PROVISIONS CHAPTER 2 CLAUSE 2 THE EMPLOYER CHAPTER 3 CLAUSE 3 THE ENGINEER CHAPTER 4 CLAUSE 4 THE CONTRACTOR CHAPTER 5 CLAUSE 5 DESIGN CHAPTER 6 CLAUSE 6 STAFF AND LABOUR CHAPTER 7 CLAUSE 7 PLANT, MATERIALS AND WORKMANSHIP CHAPTER 8 CLAUSE 8 COMMENCEMENT, DELAYS AND SUSPENSION CHAPTER 9 CLAUSE 9 TESTS ON COMPLETION CHAPTER 10 CLAUSE 10 EMPLOYER’S TAKING OVER CHAPTER 11 CLAUSE 11 DEFECTS AFTER TAKING OVER CHAPTER 12 CLAUSE 12 TESTS AFTER COMPLETION CHAPTER 13 CLAUSE 13 VARIATIONS AND ADJUSTMENTS CHAPTER 14 CLAUSE 14 CONTRACT PRICE AND PAYMENT CHAPTER 15 CLAUSE 15 TERMINATION BY EMPLOYER CHAPTER 16 CLAUSE 16 SUSPENSION AND TERMINATION BY CONTRACTOR CHAPTER 17 CLAUSE 17 CARE OF THE WORKS AND INDEMNITIES CHAPTER 18 CLAUSE 18 EXCEPTIONAL EVENTS CHAPTER 19 CLAUSE 19 INSURANCE CHAPTER 20 CLAUSE 20 EMPLOYER’S AND CONTRACTOR’S CLAIMS CHAPTER 21 CLAUSE 21 DISPUTES AND ARBITRATION Index
£135.00
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG FIDIC - A Guide for Practitioners
Book SynopsisIn 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known as the ‘‘FIDIC rainbow, were the Conditions of C- tract for: l Construction, the so-called Red Book, for works designed by the Employer l Plant and Design-Build, the so-called Yellow Book, for works designed by the Contractor l EPC/Turnkey Projects, the so-called Silver Book, for works designed by the Contractor The ?rst is intended for construction works where the Employer is responsible for the design, as for per the previous so-called Red Book 4th Edition (1987), with an important role for the Engineer. The other two conditions of contract are intended for situations when the Contractor is responsible for the design. The Plant and Design-Build Contract has the traditional Engineer while the EPC/Turnkey Contract has a two-party arran- ment, generally with an Employer’s Representative as one of the parties.Trade ReviewFrom the reviews: “Book is written by an engineer and a lawyer. … The Jaeger / Hok work does refer to awards. … provides wide-ranging references not only to decisions of UK courts but also to sources in other jurisdictions. It therefore provides a real service in alerting readers to the need to bear in mind when specialist legal advice may be needed. … useful flow charts to assist the understanding of the operation of the FIDIC forms. … work provides rather more general guidance on legal aspects.” (Humphrey Lloyd, The International Construction Law Review, 2010)Table of ContentsLegal Systems.- Conflict of Laws.- English and International Standard Forms of Contract.- Civil Law Business Terms.- Development Stages.- Understanding FIDIC: A Civil Law Approach.- FIDIC Contract Documents.- Employer’s Duties.- Contractor’s Duties.- Design Responsibility.- Engineer.- Time for Completion.- Variations.- Tests.- Certificates.- Defects Notification Period and (Post Contractual) Defects Liability.- Termination.- Discharge, Frustration and Force Majeure.- Risk, Insurance and Exceptional Risk.- Bonds, Guarantees, Letters of Credit.- Claim Management.- Disputes.- Samples.- Delay Schedule.
£132.99
John Wiley and Sons Ltd The 2017 FIDIC Contracts
Book SynopsisProvides a clear and comprehensive guide to the 2017 FIDIC contractswritten by a member of the FIDIC Updates Task Group FIDIC contracts are the most widely used engineering standard form contracts internationally but until 2017 the three main forms (the Red, Yellow and Silver Books) had not been amended or updated for nearly two decades, since the first editions were published in 1999. Written by a specialist lawyer who was member of the FIDIC Updates Task Group responsible for writing the new contracts, this book examines in detail the many substantial changes they have introduced. After providing an overview the contracts are examined clause by clause with the aim of showing how each compares and contrasts with the others and how the second editions compare and contrast with the first. The first chapter describes how the Red, Yellow and Silver Books evolved from earlier contract forms and the distinctive characteristics of each, before providing an overview of the updates, includingTable of ContentsForeword xiii Preface xv About the Author xvii 1 Overview of the 2017 Contracts 1 1.1 Introduction 1 1.2 The Rainbow Suite: The Main Features of the 1999 Red, Yellow and Silver Books 2 1.2.1 The 1999 Red Book 2 1.2.2 The 1999 Yellow Book 4 1.2.3 The 1999 Silver Book 5 1.3 Contractor Risk in the Silver Book: Two Examples 7 1.3.1 Unforeseeable Difficulties 7 1.3.2 Errors in Employer’s Requirements 7 1.4 New Potential Risks for Contractor and Employer in the 2017 Books 8 1.4.1 Contractor Risks 8 1.4.2 Employer Risks 10 1.5 FIDIC’s Guidance for the Preparation of Particular Conditions 13 1.5.1 The Contract Data 13 1.5.2 The Special Provisions 13 1.5.3 Golden Principles 14 1.5.4 Tender Documents 14 1.5.5 Drafting Options 14 1.5.6 Building Information Modelling 15 1.6 Forms 15 2 Key General Provisions 17 2.1 Definitions 17 2.2 Notices and Other Communications 17 2.3 Law and Language 18 2.3.1 Governing Law 18 2.3.2 Language of the Contract/Communications 19 2.4 Priority of Documents 19 2.5 Errors in the Employer’s Requirements/Delayed Drawings and Instructions 20 2.5.1 Errors in Employer’s Requirements: Yellow Book Clause 1.9 20 2.5.2 Delayed Drawings and Instructions 21 2.6 Use of Documents 21 2.7 Compliance with Laws 22 2.8 Limitation of Liability 23 2.8.1 Indirect or Consequential Loss or Damage 23 2.8.2 Cap on Contractor’s Total Liability 25 2.9 Contract Termination: Clause 1.16 Red and Yellow Books/1.15 Silver Book 26 3 The Employer, the Engineer and Contract Administration 27 3.1 The Employer 27 3.1.1 Right of Access to Site 27 3.1.2 Assistance 28 3.1.3 Employer’s Personnel and Other Contractors 28 3.1.4 Employer’s Financial Arrangements 28 3.1.5 Site Data and Items of Reference 29 3.1.6 Employer-supplied Materials and Employer’s Equipment 29 3.2 The Engineer/Employer’s Administration 29 3.2.1 Contract Administration in the Three Books: Engineer’s/Employer’s Representative’s Role and Authority 30 3.2.2 Instructions 32 3.2.3 Instructions: The 2017 Provisions 33 3.2.4 Where the Instruction Does Not State that it is a Variation 33 3.2.5 Clause 3.5/3.4 Sub-paragraph (a) 34 3.2.6 Clause 3.5/3.4 Sub-paragraph (b) 35 3.3 Agreement or Determination 35 3.3.1 Consultation 35 3.3.2 Engineer’s Determination 36 3.3.3 Time Limits 36 3.3.4 Effect of Agreement or Determination 37 3.3.5 Dissatisfaction with Engineer’s Determination 38 3.4 Meetings 39 4 The Contractor and Fitness for Purpose 41 4.1 Contractor’s General Obligations 41 4.1.1 Yellow and Silver Books 41 4.1.2 Red Book 41 4.1.3 ‘Fitness for Purpose’ 42 4.1.4 Other General Obligations 45 4.2 Contractor to Provide Performance Security 45 4.3 Contractor’s Representative 47 4.4 Subcontractors 47 4.5 Nominated Subcontractors 48 4.6 Contractor’s Documents: The 2017 Red Book 49 4.7 Cooperation 50 4.8 Quality Management and Compliance Verification Systems 50 4.8.1 Quality Management System 51 4.8.2 Compliance Verification 51 4.9 Use of Site Data 52 4.10 Unforeseeable Difficulties/Physical Conditions 53 4.10.1 Unforeseeable Physical Conditions: Procedure 54 4.11 Other Contractor’s Obligations 55 5 Design 57 5.1 Contractor’s General Design Obligations 57 5.1.1 Silver Book: Errors in Employer’s Requirements 57 5.1.2 Silver Book: Designs by Employer 58 5.1.3 Silver Book: Design Personnel 58 5.1.4 Yellow Book: Errors in Employer’s Requirements 59 5.1.5 Yellow Book: Designs by Employer 61 5.1.6 Yellow Book: Design Personnel 61 5.2 Contractor’s Documents: 2017 Yellow and Silver Books 62 5.3 Other Design-related Provisions 63 6 Plant, Materials and Workmanship/Staff and Labour 65 6.1 Staff and Labour 65 6.2 Plant, Materials and Workmanship 65 6.2.1 Execution, Samples and Inspection 67 6.2.2 Testing by the Contractor 67 6.2.3 Defects and Rejection 68 6.2.4 Remedial Work 69 6.2.5 Ownership of Plant and Materials/Royalties 69 7 Commencement, Delays and Extensions of Time, and Employer’s Suspension of the Works 71 7.1 Commencement 71 7.2 Time for Completion 72 7.3 The Programme 72 7.3.1 Contents of the Initial and any Revised Programme 73 7.3.2 Other Provisions: Clause 8.3 76 7.4 Advance Warning 76 7.5 Extensions of Time 77 7.5.1 Yellow and Red Books 77 7.5.2 Silver Book 78 7.5.3 Completion 79 7.6 The Specified Causes of Delay to Completion 80 7.6.1 Variations 80 7.6.2 A Cause of Delay Giving an Entitlement to an Extension Under Another Clause 82 7.6.3 Exceptionally Adverse Climatic Conditions: Red and Yellow Books 82 7.6.4 Unforeseeable Shortages 82 7.6.5 Delays, Impediments or Preventions Caused by or Attributable to the Employer 83 7.7 Concurrent Causes 83 7.8 Delay Damages 85 7.8.1 Clause 8.8: First Paragraph 85 7.8.2 Clause 8.8: Second and Third Paragraphs 89 7.8.3 Other Delay-related Provisions 89 7.9 Employer’s Suspension of theWorks 90 7.9.1 Right to Instruct Suspension 90 7.9.2 Effects of Suspension 90 7.9.3 Payment for Plant and Materials After Suspension: Clause 8.11 90 7.9.4 Prolonged Suspension: Clause 8.12 91 7.9.5 Instruction to ResumeWork: Clause 8.13 91 8 Testing on and After Completion and Employer’s Taking Over 93 8.1 Testing on Completion 94 8.1.1 Contractor’s Obligations 94 8.1.2 Delayed Tests 95 8.1.3 Retesting 95 8.1.4 Failure to Pass Tests on Completion 95 8.2 Employer’s Taking Over 97 8.2.1 The 1999 Contracts 97 8.2.2 The 2017 Yellow Book 97 8.2.3 The 2017 Red and Silver Books 98 8.2.4 Procedure Under Clause 10.1 99 8.2.5 Wording of the Deeming Provision 100 8.2.6 Taking Over of Parts: Clause 10.2 101 8.2.7 Other Clause 10 Provisions 101 8.3 Tests After Completion 102 8.3.1 The Yellow Book 102 8.3.2 The Silver Book 104 9 Defects After Taking Over, Acceptance of the Works and Unfulfilled Obligations 107 9.1 Contractor’s Basic Obligation 107 9.2 Who is Responsible for the Cost? 108 9.3 Extending the DNP 108 9.4 Other Obligations 109 9.5 Performance Certificate 110 9.6 Unfulfilled Obligations 110 10 Measurement, the Price and Payment 113 10.1 Measurement and Valuation: Clause 12 of the 2017 Red Book 113 10.1.1 Measurement Procedures 113 10.1.2 Method of Measurement 114 10.1.3 Valuation 114 10.1.4 Omissions 115 10.2 The Contract Price 115 10.2.1 Yellow Book 115 10.2.2 Red Book 116 10.2.3 Silver Book 116 10.3 Advance Payment 117 10.4 Plant and Materials Intended for the Works 117 10.5 The Payment Process 118 10.5.1 Interim Payments 119 10.5.2 Statement at Completion 122 10.5.3 Final Statement 123 10.5.4 Discharge 124 10.5.5 Issue of Final Payment Certificate/Final Payment 124 10.5.6 Payment 126 10.5.7 Delayed Payment 127 10.6 Cessation of Employer’s Liability 127 11 Variations and Adjustments to the Contract Price 129 11.1 Variations 129 11.1.1 Meaning of ‘Variation’ 129 11.1.2 The Right to Vary: Omitting Works to Be Carried out by Others 130 11.1.3 Contractor’s Objections to a Variation 131 11.1.4 Engineer/Employer’s Response 133 11.2 Value Engineering 134 11.2.1 The 1999 Editions 134 11.2.2 The 2017 Books 134 11.3 Variation Procedure 135 11.3.1 Variation by Instruction: Clause 13.3.1 135 11.3.2 Variation by Request for Proposal: Clause 13.3.2 138 11.3.3 New Applications of the Variation Procedure 139 11.4 Other Adjustments to the Contract Price 140 11.4.1 Adjustments for Changes in Laws 140 11.4.2 Adjustments for Changes in Cost 141 12 Termination and Suspension 143 12.1 Employer Termination: For Contractor Default 144 12.1.1 The Grounds of Termination: Clause 15.2, 1999 Editions 145 12.1.2 The Termination Procedure Under Clause 15.2, 1999 Editions 147 12.1.3 Valuation and Payment After a Clause 15.2 Termination 147 12.1.4 The Grounds of Termination: Clause 15.2.1, 2017 Editions 149 12.1.5 Termination: Clause 15.2.2, 2017 Editions 151 12.1.6 Termination Procedure Under Clauses 15.2.3 and 15.2.4, 2017 Editions 151 12.1.7 Valuation and Payment After a Clause 15.2 Termination 151 12.2 Employer’s Termination: For Convenience 152 12.2.1 Clause 15.5, 2017 Editions 153 12.2.2 Clauses 15.6 and 15.17, 2017 Editions 154 12.3 Contractor’s Right to Suspend 154 12.4 Contractor’s Termination 155 12.4.1 The Grounds of Termination: Clause 16.2, 1999 Editions 156 12.4.2 Termination Under Clause 16.2, 1999 Editions 158 12.4.3 Effects of Termination and Payment 158 12.4.4 The Grounds of Termination Under Clause 16.2.1, 2017 Editions 159 12.4.5 Termination Under Clause 16.2, 2017 Editions 160 12.4.6 Contractor’s Obligations After Termination 161 12.4.7 Payment After Contractor’s Termination 161 13 Care of the Works, Indemnities and Insurance 163 13.1 Care of the Works 163 13.1.1 Clause 17.1: Responsibility for Care of the Works 163 13.1.2 Clause 17.2: Liability for Care of the Works 164 13.1.3 The Clause 17.2 Events 165 13.1.4 Consequences of a Clause 17.2 Event 167 13.1.5 Combined Causes 168 13.2 Indemnities 168 13.2.1 Indemnities by Contractor: 2017 Yellow and Silver Books 168 13.2.2 Indemnities by Contractor: 2017 Red Book 170 13.2.3 Indemnities by Employer 170 13.2.4 Shared Indemnities 171 13.3 Intellectual and Industrial Property Rights 171 13.4 Insurance 172 13.4.1 The 2017 Books 172 13.4.2 The Works: Clause 19.2.1 172 13.4.3 Goods: Clause 19.2.2 173 13.4.4 Liability for Breach of Professional Duty: Clause 19.2.3 173 13.4.5 Injury to Persons and Damage to Property: Clause 19.2.4 173 13.4.6 Injury to Employees: Clause 19.2.5 174 13.4.7 Other Insurances Required by the Applicable Law and by Local Practice: Clause 19.2.6 174 14 Exceptional Events 175 14.1 Examples of Exceptional Events 175 14.2 Notice Requirements 176 14.3 Duty to Minimise Delay 176 14.4 Consequences of an Exceptional Event 177 14.5 Optional Termination 178 14.6 Release from Performance Under the Applicable Law 178 15 Employers’ and Contractors’ Claims 181 15.1 The Categories of Claim: Clause 20.1 181 15.2 Claims for Money and/or Time 182 15.2.1 The Notice of Claim: Clause 20.2.1 183 15.2.2 The Clause 20.2.1 Time Bar 183 15.2.3 Initial Response to the Claim: Clause 20.2.2 184 15.2.4 Contemporaneous Records: Clause 20.2.3 185 15.2.5 The Fully Detailed Claim: Clause 20.2.4 185 15.2.6 The Clause 20.2.4 Time Bar 186 15.2.7 Agreement or Determination of the Claim: Clause 20.2.5 187 15.2.8 Comparison with 1999 Forms 188 15.2.9 Agreeing or Determining Time Bar Issues 189 15.2.10 Other Time Bars Affecting the Claim 190 15.2.11 The Time Bars: Summary 190 15.2.12 Further Details 191 15.2.13 Claims of Continuing Effect: Clause 20.2.6 192 15.3 General Requirements: Clause 20.2.7 192 16 Dispute Resolution 195 16.1 TheThree-tier Process in the 1999 Contracts 196 16.2 The 2017 Contracts 196 16.2.1 Disputes 197 16.2.2 Procedure for Obtaining the DAAB’s Decision 197 16.2.3 Referring the Dispute: Clause 21.4.1 198 16.2.4 Parties’ Obligations After Dispute Referred: Clause 21.4.2 198 16.2.5 The DAAB’s Decision: Clause 21.4.3 198 16.2.6 Dissatisfaction with the DAAB’s Decision: Clause 21.4.4 199 16.3 Appointment of the DAAB 201 16.3.1 Sole Member or Three 202 16.3.2 The DAAB Agreement and DAAB Procedural Rules 203 16.4 Failure to Appoint DAAB Members 204 16.5 Avoidance of Disputes 204 16.6 Amicable Settlement 205 16.7 Arbitration 206 16.7.1 Party Commencing Arbitration 206 16.7.2 Time for Commencing an Arbitration 207 16.7.3 Choice of Arbitration 207 16.7.4 ICC Arbitration 208 16.7.5 The Tribunal’s Powers 209 16.7.6 Payment of Sums Awarded 210 16.7.7 Costs 210 16.8 Failure to Comply with the DAAB’s Decision 210 Index 213
£80.06
Emerald - ICE Publishing FIDIC Silver Book Revised edition
Book SynopsisFIDIC Silver Book is a practical guide for anyone involved in preparing, administering, or contributing to the FIDIC suite of contracts, 2017 edition. This revised edition responds to a number of recent developments.
£66.50
Emerald - ICE Publishing FIDIC 2017 A definitive guide to claims and
Book SynopsisFIDIC 2017: A definitive guide to claims and disputes is an indispensable resource for professionals engaged with FIDIC contracts. It provides comprehensive treatment of the multi-tiered dispute avoidance and resolution process within the 2017 FIDIC suite of contracts, and includes numerous flowcharts and worked examples.
£162.00
Emerald - ICE Publishing FIDIC Yellow Book Revised edition
Book SynopsisFIDIC Yellow Book is a practical guide for anyone involved in preparing, administering, or contributing to the FIDIC suite of contracts, 2017 edition. This revised edition covers a number of recent developments including the 2022 amendments, impacts of COVID-19, and the war in Ukraine, as well as guidance on use of FIDIC Contracts.
£63.00
Emerald Publishing Limited FIDIC 2017 Contracts Companion Revised 3 volume
Book Synopsis
£160.65
Taylor & Francis Ltd FIDIC Contracts: Law and Practice
Book SynopsisFIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered.Humphrey LLoyd, International Construction Law Review [2010] ICLR 386Table of ContentsChapter 1. FIDIC Chapter 2. The FIDIC Contract Chapter 3. Product Chapter 4. Price Chapter 5. Time Chapter 6. Contract Administration and Claims Chapter 7. Risk, Insurance and Securities Chapter 8. Remedies Chapter 9. Dispute Resolution
£913.45
American Academy of Pediatrics Red Book: A Quick Diagnosis Deck
Book SynopsisThis handy, point-of-care differential diagnosis tool features more than 450 pediatric infectious disease images, paired with the current Red Book® clinical manifestations, in a convenient and portable deck format. Physicians, nurse practitioners, and other health care professionals can turn to this authoritative reference during the office visit, particularly when faced with a perplexing diagnostic situation. Residents, medical students, and other trainees have found this deck to be a valuable reference for infectious disease images and targeted manifestation descriptions at their fingertips. More than 170 cards are laminated and bound with a metal grommet to enable the cards to endure the rigors of daily clinical use. This second edition features 102 diseases, now including Coronaviruses, such as SARS-CoV-2 and MERS-CoV Pseudomonas aeruginosa infections Every card has been fully updated according to current Red Book Clinical Manifestations guidance.Table of Contents How to Use This Deck Figure Credits ANIMAL- AND INSECT-TRANSMITTED INFECTIONS Infections Transmitted by Animals 1. Anthrax 2. Cat-Scratch Disease (Bartonella henselae) 3. Leptospirosis 4. Pasteurella Infections 5. Plague 6. Rat-Bite Fever 7. Toxoplasma gondii Infections (Toxoplasmosis) 8. Tularemia Infections Transmitted by Mosquitoes or Other Insect Vectors 9. Arboviruses 10. Leishmaniasis 11. Malaria 12. West Nile Virus 13. Zika Virus Tick-borne Infections 14. Ehrlichia, Anaplasma, and Related Infections (Human Ehrlichiosis, Anaplasmosis, and Related Infections) 15. Murine Typhus (Endemic or Fleaborne Typhus) 16. Lyme Disease (Borrelia burgdorferi Infection) 17. Rickettsialpox 18. Rocky Mountain Spotted Fever BACTERIAL INFECTIONS Bacterial Infections Originating From the Oral Cavity 19. Actinomycosis 20. Bacteroides, Prevotella, and Other Gram-Negative Bacilli Infections 21. Fusobacterium Infections (Including Lemierre Disease) Bacterial Infections of the Skin (Cellulitis) 22. Clostridial Myonecrosis (Gas Gangrene) 23. Nocardiosis 24. Staphylococcal Infections 25. Staphylococcal Scalded Skin Syndrome 26. Staphylococcal Toxic Shock Syndrome 27. Tetanus (Lockjaw) Bacterial Infections With Respiratory Transmission 28. Arcanobacterium haemolyticum Infections 29. Diphtheria 30. Haemophilus influenzae Infections 31. Leprosy 32. Meningococcal Infections 33. Mycoplasma pneumoniae and Other Mycoplasma Species Infections 34. Pertussis (Whooping Cough) 35. Streptococcus pneumoniae (Pneumococcal) Infections 36. Tuberculosis 37. Nontuberculous Mycobacterial Infections (Environmental Mycobacteria, Mycobacteria Other Than Mycobacterium tuberculosis) Other Bacterial Infections 38. Gonococcal Infections in Newborns 39. Group A Streptococcal Infections 40. Group B Streptococcal Infections 41. Non–Group A or B Streptococcal and Enterococcal Infections DISEASES OF UNKNOWN ORIGIN 42. Kawasaki Disease FOOD POISONING (VIA CONTAMINATED FOOD OR WATER) 43. Botulism and Infant Botulism (Clostridium botulinum) 44. Cholera (Vibrio cholerae) 45. Serious Neonatal Bacterial Infectious Caused by Enterobacteriaceae (Including Septicemia and Meningitis) 46. Helicobacter pylori Infections 47. Hepatitis A 48. Listeria monocytogenes Infections (Listeriosis) 49. Pseudomonas aeruginosa Infections 50. Salmonella Infections 51. Shigella Infections 52. Yersinia enterocolitica and Yersinia pseudotuberculosis Infections (Enteritis and Other Illnesses) FUNGAL INFECTIONS 53. Aspergillosis 54. Blastomycosis 55. Candidiasis 56. Coccidioidomycosis 57. Pityriasis Versicolor (Formerly Tinea Versicolor) 58. Sporotrichosis 59. Tinea Cruris (Jock Itch) INFESTATIONS 60. Pediculosis Capitis (Head Lice) 61. Pediculosis Corporis (Body Lice) 62. Pediculosis Pubis (Pubic Lice, Crab Lice) 63. Scabies PARASITIC INFECTIONS Amebic Infections 64. Amebiasis 65. Amebic Meningoencephalitis and Keratitis (Naegleria fowleri, Acanthamoeba species, and Balamuthia mandrillaris) Hookworm Infections 66. Cutaneous Larva Migrans 67. Hookworm Infections (Ancylostoma duodenale and Necator americanus) Ringworm Fungal Infections 68. Tinea Capitis (Ringworm of the Scalp) 69. Tinea Corporis (Ringworm of the Body) 70. Tinea Pedis and Tinea Unguium (Onychomycosis) (Athlete’s Foot, Ringworm of the Feet) Roundworm Infections 71. Ascaris lumbricoides Infections 72. Baylisascaris Infections 73. Strongyloidiasis (Strongyloides stercoralis) 74. Trichinellosis (Trichinella spiralis and Other Species) Tapeworm Infections 75. Dipylidium caninum Infection 76. Taeniasis and Cysticercosis 77. Tapeworms of Other Types (Including Hydatid Disease) Worm Infections of Other Types 78. Lymphatic Filariasis (Bancroftian, Malayan, and Timorian) 79. Pinworm Infection (Enterobius vermicularis) SEXUALLY TRANSMITTED INFECTIONS 80. Chancroid and Cutaneous Ulcers 81. Chlamydia trachomatis 82. Gonococcal Infections of the Genitals and Sequelae 83. Granuloma Inguinale (Donovanosis) 84. HIV Infection 85. Human Papillomaviruses 86. Syphilis 87. Trichomonas vaginalis Infections (Trichomoniasis) VIRAL INFECTIONS 88. Coronaviruses, Including SARS-CoV-2 and MERS-CoV 89. Enterovirus (Nonpoliovirus) (Group A and B Coxsackieviruses, Echoviruses, Numbered Enteroviruses) 90. Measles 91. Molluscum Contagiosum 92. Mumps 93. Parvovirus B19 (Erythema Infectiosum, Fifth Disease) 94. Rubella 95. Smallpox (Variola) Herpes and Related Viral Infections 96. Cytomegalovirus Infection 97. Epstein-Barr Virus Infections (Infectious Mononucleosis) 98. Herpes Simplex 99. Human Herpesvirus 6 (Including Roseola) and 7 100. Varicella-Zoster Virus Infections Respiratory Viral Infections 101. Adenovirus Infections 102. Parainfluenza Viral Infections
£76.32
John Wiley and Sons Ltd The FIDIC Forms of Contract
Book SynopsisIn September 1999, FIDIC introduced its new Suite of Contracts, which included a new Red, Yellow, Silver and Green forms of contract. The new Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. ITrade Review'The great merit of this book is that [it] assimilates the complexities of the form and focuses upon the practicalities.' Arbitration 'One of the great virtues of the book is that it is almost a work on construction law and practice in the international sphere....It is quite common for books to be described as indispensable but that is an apt description of what looks to be a classic text. It is also remarkably good value for money.' Judge Humphrey Lloyd QC, International Construction Law Review, 2005.Table of ContentsPart I Background and Concepts of the Red Book;. Chapter 1 Background of the Red Book. 1.1 The ACE Form. 1.2 The First Edition of the Red Book. 1.3 The Second and Third Editions of the Red Book. 1.4 The Fourth Edition of the Red Book. 1.5 The 1996 Supplement to the Red Book. 1.6 Concepts of the Red Book. 1.7 The New Suite of FIDIC Contracts. Chapter 2 The Red Book is based on a domestic contract. 2.1 Introduction. 2.2 Diversity of legal systems. 2.3 The applicable law in international construction. 2.4 The applicable law of the contract. 2.5 Law governing procedure. 2.6 Law governing enforcement of awards. 2.7 Grouping of the contemporary legal systems. 2.8 The Romano-Germanic group. 2.8.1 Sources of law in the Romano-Germanic group. 2.8.2 Legal authoritative writing. 2.8.3 Areas of the law affecting construction in the Romano-Germanic group. 2.9 The common law group. 2.9.1 Sources of law in the common law group. 2.9.2 Areas of the law affecting construction in the common law group. 2.10 The law in Islamic countries. 2.10.1 Sources of Islamic law. Chapter 3 Legal concepts based on the common law system. 3.1 The law applicable to the contract. 3.2 Conflict. 3.3 Some specific concepts under the common law. 3.3.1 Substantive law and procedural law. 3.3.2 Legislation, common law and equity. 3.4 Tort. 3.5 Contract – general principles. 3.5.1 Prerequisites of a contract. 3.5.2 Limitation periods. 3.6 Privity of contract. 3.7 Performance of a contract. 3.8 The contents of a contract. 3.9 Remedies for breach of contract. 3.10 Exclusion clauses. 3.11 The responsibility to complete. Chapter 4 Drafting principles. Chapter 5 The concept of a trusted independent engineer. 5.1 Introduction. 5.1.1 FIDIC's Statutes and By-Laws and the independent engineer. 5.1.2 FIDIC's Code of Ethics. 5.1.3 FIDIC's Quality-Based Selection, 'QBS'. 5.2 Other suppliers of consulting services. 5.3 Services provided by the consulting engineer. 5.3.1 Counselling services. 5.3.2 Pre-investment studies. 5.3.3 Design, preparation of documents and supervision. 5.3.4 Specialised design and development services. 5.3.5 Project management. 5.3.6 Programme manager. 5.4 Independence. Chapter 6 A traditional re-measurement contract. 6.1 Factors governing choice of contract. 6.2 The allocation of essential functions. 6.2.1 The allocation of the function relating to finance. 6.2.2 The allocation of the functions of design and construction. 6.2.3 The allocation of risk, quality control and the method of pricing and payment. 6.3 Re-measurement contracts. 6.3.1 The Red Book is a re-measure contract. 6.3.2 Contracts with a bill of quantities. 6.3.3 Contracts with a schedule of rates. 6.4 Cost-reimbursable contracts. 6.5 Lump sum contracts. 6.5.1 The Supplement to the Fourth Edition of the Red Book, Section B. 6.5.2 Main Features of FIDIC's Form for Payment on a lump sum basis. Chapter 7 Sharing of risks. 7.1 Introduction. 7.2 The definition of 'risk'. 7.3 Measurement of risk. 7.4 Risk management. 7.5 Allocation of risk and their management. 7.6 Allocation of Risks in the Red Book. 7.7 Responsibility and Liability. 7.8 Indemnity and Insurance. Chapter 8 The concepts in practice. 8.1 The Red Book in use. 8.2 Areas of conflict. 8.2.1 A relationship of trust. 8.2.2 The role of the engineer. 8.2.3 Avoidance of risk. 8.2.4 The design function. 8.2.5 Absence of a legal system. 8.2.6 Distrust of changes. 8.2.7 Legal questions. 8.3 EIC/FIDIC survey of 1996. 8.4 A brief summary of Part I. Part II The Fourth Edition: A Commentary. Chapter 9 The revisions - purposes and consequences. 9.1 Introduction. 9.2 Clause 1. 9.2.1 Definition of 'Engineer' under group (a). 9.2.2 Definition of 'tests on completion'. 9.2.3 Definitions under group (e). 9.2.4 Definitions under group (f). 9.2.5 Definitions under group (g). 9.2.6 Definition of 'approved'. 9.3 Clause 2. 9.3.1 Requirement for consultation. 9.3.2 Responsibility for delegation. 9.3.3 Requirement for writing. 9.3.4 Express requirement for impartiality. 9.4 Sub-clause 5.2. 9.5 Sub-clauses 6.1, 6.4 and 65. 9.6 Clause 7. 9.7 Clause 8. 9.8 Clause 10. 9.9 Sub-clause 12.2. 9.10 Clause 13. 9.11 Sub-clauses 14.1 and 14.3. 9.12 Clause 15. 9.13 Clause 19. 9.14 Clause 20. 9.15 Clause 21. 9.16 Clause 23. 9.17 Clause 25. 9.18 Clause 27. 9.19 Clause 28. 9.20 Clause 30. 9.21 Clause 34 and 35. 9.22 Sub-clause 36.5. 9.23 Clause 37. 9.24 Clause 40. 9.25 Clause 41. 9.26 Sub-clause 42.3. 9.27 Clause 44. 9.28 Clause 46. 9.29 Clause 51. 9.30 Sub-clause 52.3. 9.31 Clause 53 and 54. 9.32 Sub-clause 57.2. 9.33 Clause 60. 9.34 Sub-clauses 65.4 and 66.1. 9.35 Clause 67. 9.36 Clause 69. 9.37 Other changes made in the 1992 Reprint. 9.38 Concluding remarks. Part III The Fourth Edition in Practice. Chapter 10 Role of the engineer. 10.1 Introduction. 10.2 The engineer as a designer. 10.3 The engineer as the employer's agent. 10.3.1 Authority and duties of the engineer. 10.4 The engineer's proactive duties and authority. 10.5 The engineer's reactive duties and authority. 10.6 The engineer's passive duties and authorities. 10.7 The engineer as a supervisor. 10.8 The engineer as certifier. 10.9 The engineer as adjudicator or quasi-arbitrator. 10.10 Concluding remarks. Chapter 11 Responsibility and liability of the engineer. 11.1 Introduction. 11.2 Responsibility of the engineer towards the employer. 11.3 Responsibility of the engineer towards the contractor. 11.3.1 In the common law countries. 11.3.2 In the Romano-Germanic system. 11.4 The responsibility of the engineer towards third parties (other than the contractor). 11.5 The responsibility of the engineer towards society; employees; and the engineer himself. 11.6 Liability in construction. 11.7 Levels of Liability. Chapter 12 The employer's obligations. 12.1 Introduction. 12.2 Identification of specific elements of the project. 12.3 Appointment of engineer. 12.4 Possession of site. 12.5 To provide instructions as and when they are required. 12.6 The employer is to refrain from taking any action which would impede or interfere with the progress of the works. 12.7 The employer if to supply materials and carry out works if these form part of the work as defined in the contract. 12.8 The employer is to nominate specialist sub-contractors and suppliers as and when they are required. 12.9 To permit the contractor to carry out the whole of the works. 12.10 To make payments and to make them on time. 12.11 Additional obligations for the employer under the Fourth Edition of the Red Book. Chapter 13 The contractor's obligations. 13.1 Introduction. 13.2 The contractor's obligations during the tendering stage. 13.3 The contractor's obligations following the letter of acceptance and during the construction stage up to substantial completion. 13.3.1 Finalising documentation required prior to commencement of the works. 13.3.2 Construction and completion of the works with due diligence and within the time for completion. 13.3.3 Use of materials, plant and workmanship. 13.3.4 Provision of securities, indemnities and insurances. 13.3.5 Supply of information, notices or alerts. 13.3.6 Performance of certain administrative functions. 13.4 Contractor’s obligations after substantial completion of the works. Chapter 14 Risks, liabilities, indemnities and insurances. 14.1 Introduction. 14.2 The Red Book provisions relating to risk, responsibility, liability, indemnity and insurance. 14.3 Clause 20 of the Red Book – '20.1: care of the works'; '20.2: responsibility to rectify loss or damage'; '20.3: loss or damage due to employer's risks'; and '20.4: employer's risks'. 14.3.1 Sub-clause 20.1: care of works. 14.3.2 Sub-clause 20.2: responsibility to rectify loss or damage; and sub-clause 20.3: loss or damage due to employer's risks. 14.3.3 Sub-clause 20.4: the employer's risks. 14.4 Clause 65 of the Red Book (sub-clauses 65.1 to 65.8) – special risks. 14.5 Clause 21 of the Red Book – insurance. 14.5.1 Importance of adequacy of cover. 14.5.2 Period of insurance and extent of cover. 14.5.3 Joint names. 14.5.4 Scope of insurance cover. 14.5.5 Provisions for payment in foreign currency. 14.5.6 Provision for deductibles. 14.6 Clause 22 of the Red Book – indemnity for damage to persons and property other than the works. 14.7 Clause 23 of the Red Book – third party insurance. 14.8 Clause 24 of the Red Book – injury to workmen and insurance. 14.9 Clause 25 of the Red Book – general insurance requirements. 14.10 Part II of the Red Book – insurance arranged by the employer. 14.11 Definitions. Chapter 15 Performance and other securities. 15.1 Introduction. 15.2 The spectrum of securities. 15.3 Types of securities. 15.4 Characteristics of performance bonds and guarantees. 15.4.1 Payment guarantees. 15.4.2 Performance bonds. 15.4.3 Demand guarantees. 15.5 The ICC Uniform Rules for Demand Guarantees. 15.6 Uniform Rules for Contract Bonds. 15.7 Insurance against unfair calling. 15.8 Performance securities under the Red Book. 15.9 Examples of securities provided. 15.10 Other securities associated with a construction contract. 15.10.1 Bid bonds or guarantees. 15.10.2 Advance payment guarantees. 15.10.3 Retention money bonds. 15.10.4 Maintenance or defects liability bonds. 15.10.5 Company suretyship. 15.11 Concluding remarks. Chapter 16 Claims and counterclaims. 16.1 Introduction. 16.2 Definition and legal basis of claims and counterclaims. 16.3 Claim based on grounds of breach of contract. 16.3.1 Variations. 16.3.2 Measurement changes. 16.3.3 Adverse physical obstructions or conditions. 16.3.4 Employer's risks. 16.3.5 Compliance with statutes, regulations, price fluctuations, currency and other economic causes. 16.3.6 Defects and unfulfilled obligations. 16.3.7 Failure to commence, delays, suspension of work, release from performance, default and termination. 16.3.8 Other miscellaneous specified events. 16.4 Claim based on grounds of breach of contract. 16.5 Procedure for claims for additional payment – clause 53. 16.5.1 Procedural steps. 16.5.2 Records. 16.6 The presentation of claims. 16.7 Quantum. 16.7.1 Heads of claim. 16.7.2 The global approach. 16.8 Failure to follow the claims procedure. 16.9 Concluding remarks. Chapter 17 Delay in completion and claims for extension of time. 17.1 Time is of fundamental importance. 17.2 Clauses 43, 44, 46, 47 and 48 of the Red Book. 17.3 Relevant clauses of the Fourth Edition of the Red Book to an extension of time under Clause 44. 17.4 Programming. 17.5 Concurrent delays. 17.6 Claims for both extension of time & money. 17.6.1 Prolongation. 17.6.2 Disruption. 17.7 Liquidated damages. 17.7.1 Liquidated damages and penalties. 17.8 The Society of Construction Law 'Delay and Disruption Protocol'. Chapter 18 Certificates and payments. 18.1 Introduction. 18.2 Interim payment certificates. 18.3 Taking-over certificate. 18.4 Defects liability certificate. 18.5 Final payment certificate. 18.6 The engineer is to certify a valuation at date of termination. 18.7 Common requirements. 18.8 Late certification. Chapter 19 Disputes settlement by arbitration. 19.1 Introduction and background. 19.2 Advantages of arbitration. 19.3 What is a dispute?. 19.4 What is arbitration?. 19.5 The arbitration agreement. 19.6 Sources of law in arbitration. 19.6.1 General. 19.6.2 The arbitration agreement as a source of law. 19.6.3 Practice and custom. 19.7 The arbitrator. 19.8 The arbitration agreement under clause 67 of the Red Book. 19.8.1 Procedure under clause 67. 19.9 The 1996 supplement to the Fourth Edition of the Red Book. 19.10 The ICC Rules of Arbitration. 19.10.1 The ICC Rules. 19.10.2 The advantages of the ICC Rules. 19.10.3 Some constructive criticism. 19.11 Why does arbitration in construction disputes continue to lose favour?. 19.12 Concluding remarks. Chapter 20 Amicable settlement using alternative dispute resolution. 20.1 Introduction. 20.2 Methods of dispute settlement. 20.3 Direct negotiation. 20.3.1 Negotiators. 20.3.2 Distinguishing features of direct negotiation. 20.3.3 When should negotiation be used and what are the steps?. 20.4 Mediation. 20.5 Conciliation. 20.5.1 What is conciliation?. 20.5.2 Why conciliation?. 20.5.3 When should conciliation be used?. 20.5.4 Who should be a conciliator?. 20.5.5 Who should attend the conciliation?. 20.5.6 The conciliation process. 20.6 Mini-trial procedure. 20.7 Dispute board, dispute review board and dispute adjudication board. 20.8 Adjudication. 20.9 The ICC Rules for amicable dispute resolution. 20.9.1 The rules. 20.9.2 Fees and costs. 20.9.3 General provisions. 20.10 Pre-arbitral referee procedure. 20.11 The ICC Rules for expertise. 20.11.1 The Rules for expertise. 20.11.2 Functions of the ICC Centre for Expertise. 20.12 Concluding remarks. Part IV Other Documents Related to the Red Book. Chapter 21 FIDIC’s other forms of contract. 21.1 Introduction. 21.2 The Yellow Book, third edition. 21.2.1 Background. 21.2.2 Differences in the nature of civil engineering and E & M engineering projects. 21.2.3 Essential features of the Yellow Book. 21.3 The Orange Book, first edition. 21.3.1 Background. 21.3.2 Differences in the nature of the Red and Yellow Books on the one hand and the Orange Book on the other. 21.4 The conditions of subcontract for works of civil engineering construction. 21.4.1 Format. 21.4.2 Clause 1, definitions and interpretation. 21.4.3 Clause 4, 'main contract'. 21.4.4 Clause 13 and 15, 'indemnities; insurances'. 21.4.5 Clause 16, 'payment'. 21.4.6 Clause 19, 'settlement of disputes'. 21.5 Other publications of FIDIC. Part V The 1999 Red Book; The 1999 Yellow Book; The 1999 Silver Book; The 1999 Green Book; Dispute Boards. Chapter 22 The 1999 FIDIC suite of contracts. 22.1 Introduction. 22.2 Differences in format. 22.3 Differences in concept. 22.4 The 1999 Green Book. Chapter 23 The 1999 Red Book. 23.1 Introduction. 23.2 The 1999 Red Book: concepts and content. 23.3 The 1999 Red Book: new concepts. 23.3.1 Sub-clause 1.12: confidential details. 23.3.2 Sub-clause 2.4: employer's financial arrangements. 23.3.3 Sub-clause 2.5: employer's claims. 23.3.4 Clause 3: the engineer. 23.3.5 Sub-clause 4.1(c): fitness for purpose. 23.3.6 Sub-clause 4.2: performance security. 23.3.7 Sub-clause 4.12: unforeseeable physical conditions. 23.3.8 Sub-clause 4.21: Progress reports. 23.3.9 Sub-clause 13.2: value engineering. 23.3.10 Sub-clause 14.7: payment. 23.3.11 Sub-clause 14.8: delayed payment. 23.3.12 Sub-clause 15.5: employer's entitlement to termination. 23.3.13 Clause 17: risk and responsibility. 23.3.14 Sub-clause 17.6: limitation of liability. 23.3.15 Clause 18: insurance. 23.3.16 Clause 19: force majeure. 23.3.17 Clause 20: claims. 23.3.18 Clause 20:Sub-clauses 20.2 to 20.4 – Appointment of the dispute adjudication board; failure to agree dispute adjudication board; and obtaining dispute adjudication Board's decision. 23.4 Some highlights of the 1999 Red Book. 23.4.1 Sub-clause 1.1.4.3: cost. 23.4.2 Clause 2: the employer. 23.4.3 Clause 4: the contractor. 23.4.4 Clause 6: Staff & Labour. 23.4.5 Clause 7: Plant, Materials and workmanship. 23.4.6 Clause 8: commencement, delays and suspension. 23.4.7 Clause 9: tests on completion. 23.4.8 Clause 10: employer's taking over. 23.4.9 Clause 11: defects liability. 23.4.10 Clause 12: measurement and evaluation. 23.4.11 Clause 13: variations and adjustments. 23.4.12 Clause 14: contract price and payment. 23.4.13 Clause 15: Termination by employer. 23.4.14 Clause 16: Suspension and termination by contractor. 23.4.15 Clause 20: sub-clauses 20.7 – Failure to comply with dispute adjudication board's decision. 23.4.16 Guidance for the preparation of particular conditions. Chapter 24 The 1999 Yellow Book. 24.1 Introduction. 24.2 Tendering under, and using, the 1999 Yellow Book. 24.3 The 1999 Yellow Book: The employer's requirements. 24.3.1 Sub-clause 1.1.3.4 'tests on completion'. 24.3.2 Sub-clause 1.1.3.6 'tests after completion'. 24.3.3 Sub-clause 1.1.6.7 'site'. 24.3.4 Sub-clause 1.1.6.9: definitions – 'valuation'. 24.3.5 Sub-clause 1.5: general provisions – 'priority of documents'. 24.3.6 Sub-clause 1.8: 'care and supply of documents'. 24.3.7 Sub-clause 1.9: General provisions – 'errors in the employer's requirements'. 24.3.8 Sub-clause 1.11: general provisions – 'contractor's use of employer's documents'. 24.3.9 Sub-clause 1.13: general provisions – 'compliance with laws'. 24.3.10 Sub-clause 2.1: the employer – 'right to access to the site'. 24.3.11 Sub-clause 4.1: the contractor – 'contractor’s general obligations'. 24.3.12 Sub-clause 4.6: The contractor – 'co-operation'. 24.3.13 Sub-clause 4.7 'setting out'. 24.3.14 Sub-clause4.18: the contractor – 'protection of the environment'. 24.3.15 Sub-clause 4.19: the contractor – 'electricity, water and gas'. 24.3.16 Sub-clause 4.20: the contractor – 'employer's equipment and free-issue material'. 24.3.17 Sub-clause 5.1: design – 'general design obligations'. 24.3.18 Sub-clause 5.2: Design - 'Contractor’s Documents'. 24.3.19 Sub-clause 5.4: Design - 'Technical Standards and Regulations'. 24.3.20 Sub-clause 5.5: Design - 'Training'. 24.3.21 Sub-clause 5.6: Design - 'As-Built Documents”. 24.3.22 Sub-clause 5.7: Design - 'Operation and Maintenance Manuals'. 24.3.23 Sub-clause 6.1: Staff and Labour - 'Engagement of Staff and Labour'. 24.3.24 Sub-clause 6.6: Staff and Labour - 'Facilities for Staff and Labour'. 24.3.25 Sub-Clause 7.4 'Testing'. 24.3.26 Sub-clause 7.8: Plant, Materials and Workmanship - 'Royalties'. 24.3.27 Sub-clause 8.2 'Time for Completion'. 24.3.28 Sub-clause 8.3: Commencement, Delays and Suspension - 'Programme'. 24.3.29 Sub-clause 9.1: Tests on Completion - 'Contractor’s Obligations'. 24.3.30 Sub-clause 10.2 'Taking Over of Parts of the Works'. 24.3.31 Sub-clause 11.1 'Completion of Outstanding Works and Remedying Defects'. 24.3.32 Sub-clause 17.5: Risk and Responsibility - 'Intellectual and Industrial Property Rights'. 24.4 Comparison between the 1999 Yellow Book and the 1999 Red Book. 24.4.1 Clause 1: General Provisions. 24.4.2 Clause 3: The Engineer. 24.4.3 Sub-clause 4.1: The Contractor- 'Contractor’s General Obligations' 24.4.4 Sub-clause 4.4 'Subcontractors', sub-clause 4.5 'Nominated Subcontractors' and sub-clause 4.6 'Co-operation'. 24.4.5 Clause 5: Design. 24.4.6 Sub-clause 7.5: Plant, Materials and Workmanship - 'Rejection'. 24.4.7 Sub-clause 8.3: Commencement, Delays and Suspension - 'Programme'. 24.4.8 Sub-clause 9.1: Tests on Completion – 'Contractor's Obligations'. 24.4.9 Sub-clauses 11.2 and 11.6: Defects Liability – 'Cost of Remedying Defects and Further Tests' and 'Further Tests'. 24.4.10 Clause 12: Tests after Completion. 24.4.11 Sub-clauses 13.1; 13.2; and 13.3: Variations and Adjustments – 'Right to Vary', 'Value Engineering', and 'Variation Procedure'. 24.4.12 Sub-clauses 14.1; 14.3; and 14.9: Contract Price and Payment – 'The Contract Price'; 'Application for Interim Payment Certificates' and 14.9 'Payment of Retention Money'. 24.4.13 Sub-clause: 17.5: Risk and Responsibility - 'Intellectual and Industrial Property Rights'. 24.4.14 Clause 20.2: Claims, Disputes and Arbitration – 'Appointment of the Dispute Adjudication Board'. Chapter 25 The 1999 Silver Book. 25.1 Introduction. 25.2 The 1999 Silver Book: The Shifted Risks. 25.2.1 Sub-clause 3.1: The Employer’s Administration – 'The Employer’s Representative”. 25.2.2 Sub-clause 3.5: The Employer's Administration - 'Determinations'. 25.2.3 Sub-clause 4.7: The Contractor – 'Setting Out'. 25.2.4 Sub-clause 4.12: The Contractor – 'Unforeseeable Difficulties'. 25.2.5 Sub-clause 5.1: Design – 'General Design Obligations'. 25.2.6 Sub-clause 5.8: Design – 'Design Error'. 25.2.7 Sub-clause 8.4: Commencement, Delay and Suspension – 'Extension of Time for Completion'. 25.2.8 Sub-clause 17.3: Risk and Responsibility – 'Employer’s Risks'. 25.2.9 Sub-clause 20.1: Claims, Disputes and Arbitration – 'Contractor’s Claims'. 25.3 The 1999 Silver Book: Concepts and Content. 25.3.1 Clause 1: General Provisions. 25.3.2 Clause 3: the Employer's Administration. 25.3.3 Clause 4: The Contractor. 25.3.4 Clause 5: Design. 25.3.5 Clause 6: Staff and Labour. 25.3.6 Clause 7: Plant, Materials and Workmanship. 25.3.7 Clause 8: Commencement, Delays and Suspension. 25.3.8 Clause 9: Tests on Completion. 25.3.9 Clause 10: Employer's Taking Over. 25.3.10 Clause 11: Defects Liability. 25.3.11 Clause 12: Tests after Completion. 25.3.12 Clause 13: Variations and Adjustments. 25.3.13 Clause 14: Contract Price and Payment. 25.3.14 Clause 15: Termination by Employer. 25.3.15 Clause 16: Suspension and Termination by Contractor. Chapter 26 Dispute Boards. 26.1 Introduction. 26.2 Main advantages of the Dispute Board. 26.3 Background & evolution. 26.4 Types of Dispute Boards. 26.4.1 Dispute review board. 26.4.2 Dispute Adjudication Board. 26.4.3 Combined Dispute Board. 26.5 Varieties of Dispute Boards. 26.6 Dispute Adjudication Boards under the FIDIC Contracts. 26.7 The role of the Dispute Adjudication Board. 26.8 Establishment of the Dispute Adjudication Board. 26.9 Obligations of the Parties and the Members of the Dispute Adjudication Board. 26.10 Powers of the Dispute Adjudication Board. 26.11 Procedures relating to site visits & meetings. 26.12 Procedures relating to referral of a matter to the Board for its opinion. 26.13 Procedures relating to referral of a dispute to the Board for its decision. 26.14 Remuneration of the members of the Dispute Adjudication Board. 26.15 Cost of maintaining the members of the Dispute Adjudication Board. 26.16 The decision of the Dispute Adjudication Board. Part VI Comparison between the text of the three 1999 Major Books: Red, Yellow and Silver Books. Chapter 27 A precise record of the Alterations, Omissions and Additions in the 1999 Yellow & Silver Books as compared with the 1999 Red Book. References. Table of cases. Index.
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Springer International Publishing AG Quick Reference Handbook for Surgical
Book SynopsisThis book contains a compilation of high-yield, at-a-glance summaries in quick reference format for various topics that are frequently encountered by pathologists in the daily practice or on the boards. The focus is not organ-based histologic criteria, but rather everything else that goes into pathologic diagnoses but is difficult to keep committed to memory. The emphasis is on immunohistochemistry, special stains, grading systems, molecular markers, tumor syndromes, and helpful clinical references. Also included are morphologic summaries that encompass high-yield material cutting across all organ systems, such as an illustrated guide for microorganisms, tumor differentials, and an illustrated glossary of pathologic descriptors.The book has a unique format in that the information is presented primarily in tables and diagrams accompanied by brief and to-the-point explanatory text. The guiding principle was to boil the information down to the essentials but with just enough commentary to be accessible to a newcomer to pathology and to serve as a quick reference to a practicing pathologist. In the 7 years since its initial publication, there have been considerable advances in surgical pathology, particularly immunohistochemical stains, molecular diagnostics, and histologic grading schemes. In the second edition, the content has been thoroughly updated to incorporate these developments, while retaining the overall scope and concise format of the first edition. In addition, the reader will find summaries for many new topics as well as multiple new cartoon illustrations and diagrams. Table of ContentsImmunostains: Introduction.- Immunostains: Solid Tumors.- Immunostains: Hematopoietic System.- Predictive Markers.- Immunostains: Antibody Index/Solid Tumors.- Immunostains: Antibody Index/Hematopoietuc System.- Special Stains.- Grading (and Classification) Quick Reference: Solid Tumors.- Grading (and Classification) Quick Reference: Hematopoietic System.- Tumor Genetics and Cytogenetics: Solid Tumors.- Tumor Genetics and Cytogenetics: Hematopoietic System.- Tumor Syndromes.- Quick Clinical References for Pathologists.- Potpourri of Quick Morphologic References.- Quick Size References.- It looks like WHAT? An Illustrated Glossary of Histopathologic Descriptors.
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Wolters Kluwer Health Quick Reference to Critical Care
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Taylor & Francis Inc Facility Management Reference Library CD Second
Book SynopsisToday's facility manager is faced with a cross-section of job responsibilities and functions. Facility Management Reference Library CD, Second Edition is a comprehensive 11-volume reference library covering, from a facility manager's perspective, everything from water systems, facility assessment, air quality, lighting, boilers, and pumps to asset protection and terrorism. With more than 3,800 pages of text and graphics, this CD is an economical training, research, and reference resource. This powerful information tool allows you to print, create custom documents, and easily find the information that you need.Table of ContentsBioterrorism: A guide for facility managers. Cyber terrorism: A guide for facility managers. Facility manager's guide to security: Protecting your assets. Handbook of facility assessment. Water quality & systems: A guide for facility managers, second edition. Disaster & recovery planning: A guide for facility managers, third edition. Facility manager's handbook. Indoor air quality: A guide for facility managers, second edition. Lighting upgrades: A guide for facility managers, second edition. Boiler operator's handbook. Pump user's handbook: Life extension.
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