Hợp đồng FIDIC Red Book 1987 tiếng Anh đã luôn là lựa chọn số 1 trong suốt thời gian dài trước khi Hợp đồng FIDIC Red Book 1999 ra đời.

Hợp đồng FIDIC Red Book 1987 là lần cập nhật thứ 5 của Phiên bản Hợp đồng FIDIC Red Book 1957. Đây là Phiên bản có số lượng Điều/Khoản rất lớn (72 Điều), bao gồm các nội dung chính sau đây:

 

CONTENTS

 

 

 

 

PART I :  GENERAL CONDITIONS

Definitions and Interpretation

 
1.1 Definitions 1
1.2 Headings and Marginal Notes 3
1.3 Interpretation 3
1.4 Singular and Plural 3
1.5 Notices, Consents, Approvals, Certificates and Determinations 3
 
Engineer and Engineer’s Representative
 
2.1 Engineer’s Duties and Authority 3
2.2 Engineer’s Representative 3
2.3 Engineer’s Authority to Delegate 3
2.4 Appointment of Assistants 3
2.5 Instructions in Writing 4
2.6 Engineer to Act Impartially 4
 
Assignment and Subcontracting
 
3.1 Assignment of Contract 4
4.1 Subcontracting 4
4.2 Assignment of Subcontractors’ Obligations 5
 
Contract Documents
 
5.1 Language/s and Law 5
5.2 Priority of Contract Documents 5
6.1 Custody and Supply of Drawings and Documents 5
6.2 One Copy of Drawings to be Kept on Site 5
6.3 Disruption of Progress 5
6.4 Delays and Cost of Delay of Drawings 6
6.5 Failure by Contractor to Submit Drawings 6
7.1 Supplementary Drawings and Instructions 6
7.2 Permanent Works Designed by Contractor 6
7.3 Responsibility Unaffected by Approval 6
 
General Obligations
 
8.1 Contractor’s General Responsibilities 6
8.2 Site Operations and Methods of Construction 7
9.1 Contract Agreement 7
10.1 Performance Security 7
10.2 Period of Validity of Performance Security 7
10.3 Claims under Performance Security 7
11.1 Inspection of Site 7
12.1 Sufficiency of Tender 8
12.2 Not Foreseeable Physical Obstructions or Conditions 8
13.1 Work to be in Accordance with Contract 8
14.1 Programme to be Submitted 8
14.2 Revised Programme 8
14.3 Cash Flow Estimate to be Submitted 8
14.4 Contractor not Relieved of Duties or Responsibilities 8
15.1 Contractor’s Superintendence 8
16.1 Contractor’s Employees 8
16.2 Engineer at Liberty to Object 9
17.1 Setting-out 9
18.1 Boreholes and Exploratory Excavation 9
19.1 Safety, Security and Protection of the Environment 10
19.2 Employer’s Responsibilities 10
20.1 Care of Works 10
20.2 Responsibility to Rectify Loss or Damage 10
20.3 Loss or Damage Due to Employer’s Risks 10
20.4 Employer’s Risks 11
21.1 Insurance of Works and Contractor’s Equipment 11
21.2 Scope of Cover 11
21.3 Responsibility for Amounts not Recovered 11
21.4 Exclusions 11
22.1 Damage to Persons and Property 12
22.2 Exceptions 12
22.3 Indemnity by Employer 12
23.1 Third Party Insurance (including Employer’s Property) 12
23.2 Minimum Amount of Insurance 12
23.3 Cross Liabilities 13
24.1 Accident or Injury to Workmen 13
24.2 Insurance Against Accident to Workmen 13
25.1 Evidence and Terms of Insurances 13
25.2 Adequacy of Insurances 13
25.3 Remedy on Contractor’s Failure to Insure 13
25.4 Compliance with Policy Conditions 13
26.1 Compliance with Statutes, Regulations 13
27.1 Fossils 14
28.1 Patent Rights 14
28.2 Royalties 14
29.1 Interference with Traffic and Adjoining Properties 14
30.1 Avoidance of Damage to Roads 14
30.2 Transport of Contractor’s Equipment or Temporary Works 15
30.3 Transport of Materials or Plant 15
30.4 Waterborne Traffic 15
31.1 Opportunities for Other Contractors 15
31.2 Facilities for Other Contractors 15
32.1 Contractor to Keep Site Clear 16
33.1 Clearance of Site on Completion 16
 
Labour
 
34.1 Engagement of Staff and Labour 16
35.1 Returns of Labour and Contractor’s Equipment 16
 
Materials, Plant and Workmanship
 
36.1 Quality of Materials, Plant and Workmanship 16
36.2 Cost of Samples 16
36.3 Cost of Tests 16
36.4 Cost of Tests not Provided for 16
36.5 Engineer’s Determination where Tests not Provided for 17
37.1 Inspection of Operations 17
37.2 Inspection and Testing 17
37.3 Dates for Inspection and Testing 17
37.4 Rejection 17
37.5 Independent Inspection 18
38.1 Examination of Work before Covering up 18
38.2 Uncovering and Making Openings 18
39.1 Removal of Improper Work, Materials or Plant 18
39.2 Default of Contractor in Compliance 18
 
Suspension
 
40.1 Suspension of Work 18
40.2 Engineer’s Determination following Suspension 19
40.3 Suspension lasting more than 84 Days 19
 
Commencement and Delays
 
41.1 Commencement of Works 19
42.1 Possession of Site and Access Thereto 19
42.2 Failure to Give Possession 20
42.3 Rights of Way and Facilities 20
43.1 Time for Completion 20
44.1 Extension of Time for Completion 20
44.2 Contractor to Provide Notification and Detailed Particulars 20
44.3 Interim Determination of Extension 20
45.1 Restriction on Working Hours 21
46.1 Rate of Progress 21
47.1 Liquidated Damages for Delay 21
47.2 Reduction of Liquidated Damages 21
48.1 Taking-Over Certificate 22
48.2 Taking-Over of Sections or Parts 22
48.3 Substantial Completion of Parts 22
48.4 Surfaces Requiring Reinstatement 22
 
Defects Liability
 
49.1 Defects Liability Period 22
49.2 Completion of Outstanding Work and Remedying Defects 23
49.3 Cost of Remedying Defects 23
49.4 Contractor’s Failure to Carry Out Instructions 23
50.1 Contractor to Search 23
 
Alterations, Additions and Omissions
 
51.1 Variations 23
51.2 Instructions for Variations 24
52.1 Valuation of Variations 24
52.2 Power of Engineer to Fix Rates 24
52.3 Variations Exceeding 15 percent 25
52.4 Daywork 25
 
Procedure for Claims
 
53.1 Notice of Claims 26
53.2 Contemporary Records 26
53.3 Substantiation of Claims 26
53.4 Failure to Comply 26
53.5 Payment of Claims 26
 
Contractor’s Equipment, Temporary Works
and Materials
 
54.1 Contractor’s Equipment, Temporary Works and Materials; Exclusive Use for the Works 26
54.2 Employer not Liable for Damage 27
54.3 Customs Clearance 27
54.4 Re-export of contractor s Equipment 27
54.5 Conditions of Hire of Contractor’s Equipment 27
54.6 Costs for the Purpose of Clause 63 27
54.7 Incorporation of Clause in Subcontracts 27
54.8 Approval of Materials not Implied  
 
Measurement
 
55.1 Quantities 27
56.1 Works to be Measured 27
57.1 Method of Measurement 28
57.2 Breakdown of Lump Sum Items 28
 
Provisional Sums
 
58.1 Definition of “Provisional Sum” 28
58.2 Use of Provisional Sums 28
58.3 Production of Vouchers 28
 
Nominated Subcontractors
 
59.1 Definition of “Nominated Subcontractors” 28
59.2 Nominated Subcontractors; Objection to Nomination 29
59.3 Design Requirements to be Expressly Stated 29
59.4 Payments to Nominated Subcontractors 29
59.5 Certification of Payments to Nominated Subcontractors 29
 
Certificates and Payment
 
60.1 Monthly Statements 30
60.2 Monthly Payments 30
60.3 Payment of Retention Money 31
90.4 Correction of Certificates 31
60.5 Statement at Completion 31
60.6 Final Statement 31
60.7 Discharge 32
60.8 Final Payment Certificate 32
60.9 Cessation of Employer’s Liability 32
60.10 Time for Payment 32
61.1 Approval only by Defects Liability Certificate 32
62.1 Defects Liability Certificate 32
62.2 Unfulfilled Obligations 33
 
Remedies
 
63.1 Default of Contractor 33
63.2 Valuation at Date of Termination 33
63.3 Payment after Termination 33
63.4 Assignment of Benefit of Agreement 34
64.1 Urgent Remedial Work 34
 
Special Risks
 
65.1 No Liability for Special Risks 34
65.2 Special Risks 34
65.3 Damage to Works by Special Risks 34
65.4 Projectile, Missile 35
65.5 Increased Costs arising from Special Risks 35
65.6 Outbreak of War 35
65.7 Removal of Contractor’s Equipment on Termination 35
65.8 Payment if Contract Terminated 35
 
Release from Performance
 
66.1 Payment in Event of Release from Performance 36
 
Settlement of Disputes
 
67.1 Engineer’s Decision 36
67.2 Amicable Settlement 37
67.3 Arbitration 37
67.4 Failure to Comply with Engineer’s Decision 37
 
Notices
 
68.1 Notice to Contractor 38
68.2 Notice to Employer and Engineer 38
68.3 Change of Address 38
 
Default of Employer
 
69.1 Default of Employer 38
69.2 Removal of Contractor’s Equipment 38
69.3 Payment on Termination 38
69.4 Contractor’s Entitlement to Suspend Work 38
69.5 Resumption of Work 39
 
Changes in Cost and Legislation
 
70.1 Increase or Decrease of Cost 39
70.2 Subsequent Legislation 39
 
Currency and Rates of Exchange
 
71.1 Currency Restrictions 39
72.1 Rates of Exchange 39
72.2 Currency Proportions 39
72.3 Currencies of Payment for Provisional Sums 40

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Hợp đồng FIDIC Red Book 1987 có tổng cộng 51 trang, tiếng Anh, định dạng .doc.

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