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 |
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PART I : GENERAL CONDITIONSDefinitions and Interpretation |
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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 |
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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 |
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3.1 | Assignment of Contract | 4 |
4.1 | Subcontracting | 4 |
4.2 | Assignment of Subcontractors’ Obligations | 5 |
Contract Documents |
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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 |
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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 |
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34.1 | Engagement of Staff and Labour | 16 |
35.1 | Returns of Labour and Contractor’s Equipment | 16 |
Materials, Plant and Workmanship |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 Worksand Materials |
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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 |
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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 |
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58.1 | Definition of “Provisional Sum” | 28 |
58.2 | Use of Provisional Sums | 28 |
58.3 | Production of Vouchers | 28 |
Nominated Subcontractors |
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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 |
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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 |
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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 |
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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 |
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66.1 | Payment in Event of Release from Performance | 36 |
Settlement of Disputes |
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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 |
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68.1 | Notice to Contractor | 38 |
68.2 | Notice to Employer and Engineer | 38 |
68.3 | Change of Address | 38 |
Default of Employer |
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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 |
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70.1 | Increase or Decrease of Cost | 39 |
70.2 | Subsequent Legislation | 39 |
Currency and Rates of Exchange |
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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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