eic presentation on fidic contract forms
TRANSCRIPT
EIC Presentation “Experience with FIDIC Contracts on the
Polish Market and EIC comments to the
various FIDIC forms of contracts ”
By Isolino Gomes,
Member of the EIC Working Group “Contract Conditions”
with the support of Frank Kehlenbach and Krzysztof Obidziński
Ljubljana, 20th Aril 2012 1 Chamber of Commerce & Industry in Slovenia 1
Chamber of Commerce & Industry in Slovenia
Overview
1. FIDIC Principles of Allocation of
Risks
2. Understanding Turnkey and Fit
for Purpose Requirements
3. Unfair Conditions
4. Law Issues
5. Better Practices, Suggestions on
How to Improve
6. Summary/Conclusions
2
EIC Organization • Organization
• European International Contractors (EIC)
was founded in 1970 and since 1984 has
been registered as a legally independent
association under German law in Berlin,
Germany.
• EIC has as its members construction
industry federations from 15 European
countries which are directly or indirectly
affiliated to the European Construction
Industry Federation (FIEC) in Brussels.
• The association maintains close relations
with all international and other organizations
whose policy is of relevance for the
international construction business, for
instance with various European Commission
Directorates General (DGs),(Trade,
Development and EuropeAid) the European
Bank for Reconstruction and Development
(EBRD), the Organization of Economic Co-
operation and Development (OECD) and the
World Bank.
• According to the latest EIC International
Contracts Statistics, the total volume of
international turnover carried out by EIC
member companies in 2009 amounted to
some 140 billion €.
• This excellent result was confirmed by the
latest survey on the “Top 225 International
Contractors” survey, as published in the
Engineering-News Record magazine, which
illustrates that EIC member companies hold
an international construction market share of
around 56%.
Chamber of Commerce & Industry in Slovenia 3
Tasks and Objectives
• Tasks and Objectives
• The three main objectives of EIC are the
following:
• 1. To lobby for a bigger market, e.g. by
persuading the international financing
institutions, and in particular the European
donor agencies, to allocate more funds to
the infrastructure sector and by promoting
the concept of Public-Private Partnerships;
• 2. T o lobby for a better market, e.g by
advocating fair and innovative forms of
procurement and contracts and by calling for
a level playing-field for European contractors
internationally, in particular concerning
environmental, social and corporate
standards; and
• 3. To provide for better networking, e.g. by
offering European contractors a unique
forum for the exchange of experience in all
matters relating to the international
construction business. Within the broad
range of operating conditions influencing the
work of European international contractors
abroad, the following framework conditions
have been identified as priority issues for
EIC’s activities:
• I. EU-financed infrastructure Projects in
Africa
• II. Consultation with the World Bank on
Country Procurement Systems
• III. International Standard Bidding
Documents and Contract Forms
• IV. Third country state-owned and state-
aided enterprises in EU public
procurement markets
Chamber of Commerce & Industry in Slovenia 4
Contract and Tender Conditions
• For more than 40 years, EIC's Working Group “Contract
Conditions” reviews and comments on the FIDIC
standard Forms of Contract. The work of the group has
been condensed into several high-quality publications
which are influencing the international debate amongst
clients, financiers and their advisers. The group does not
only concentrate on Conditions of Contract but also
scrutinizes the tender conditions of the International
Financing Institutions and Multilateral Development
Banks and it follows the latest development in
international arbitration.
Chamber of Commerce & Industry in Slovenia 5
FIDIC 1999 Yellow/Silver Book Comparison Employer’s Administration – clause 3
• FIDIC 1999 Yellow Book:
The Engineer makes the first
determination of extension of time
and extra cost, certifies payments,
issues the taking-over and the
performance certificates.
• FIDIC 1999 Yellow Book:
The Engineer is deemed to act on
behalf of the Employer.
• FIDIC 1999 Silver Book:
The Employer deals directly with
the contractor and determines in
the first instance claims for extra
cost and /or extension of time.
• FIDIC 1999 Silver Book:
The powers of the Engineer have
been transferred to the Employer.
Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 6 6
FIDIC 1999 Yellow/Silver Book Comparison Setting Out, sub-clause 4.7
Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 7
• FIDIC 1999 Yellow Book:
The Employer shall be responsible for
any errors in the specified or notified
items of reference, but the Contractor
shall use reasonable efforts to verify
their accuracy before they are used.
• FIDIC 1999 Yellow Book:
The Contractor may under certain
circumstances seek an extension of
time or extra cost if extra work is
necessary as a result of such errors.
• FIDIC 1999 Silver Book:
The Contractor shall be
responsible for the correct
positioning of all parts of the
Works, and shall rectify any error
in the positions, levels, dimensions
or alignments of the Works even in
case the information is provided by
the Employer.
7
Site data – sub-clause 4.10
• FIDIC 1999 Yellow Book:
The Employer is responsible for
the correctness of the information.
The Contractor shall be
responsible for interpreting all
such data.
• FIDIC 1999 Yellow Book:
The Contractor shall be deemed to
have based his price on such
information and on his reasonable
inspection of the Site.
• FIDIC 1999 Silver Book:
The Contractor shall be
responsible for verifying and
interpreting all such data. The
Employer shall have no
responsibility for the accuracy,
sufficiency or completeness of
such data, except for Sub-Clause
5.1.
Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 8
FIDIC 1999 Yellow/Silver Book Comparison
8
Unforeseeable difficulties – sub-clause 4.12
• FIDIC 1999 Yellow Book:
If the Contractor encounters
unforeseeable adverse physical
conditions on Site, then he is
entitled to additional payment and
extension of time. However,
deductions may be made in case
he also encountered more
favourable conditions then
foreseen.
• FIDIC 1999 Silver Book:
The Contractor shall be deemed
to have taken account of all
necessary information. The
Contract price is not adjusted to
take account of any unforeseen
difficulties or costs, except as
otherwise stated in the Contract.
The Price must include also
unforeseeable events !
Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 9
FIDIC 1999 Yellow/Silver Book Comparison
9
General Design Obligations – sub-clause 5.1
• FIDIC 1999 Yellow Book:
The Contractor must scrutinise the
Employer’s Requirements for any
error or omission, but it is for the
Employer to resolve any by issuing
a Variation. The Contractor will be
entitled to additional time and
money, unless he should have
reasonably discovered the error or
omission before submitting his
tender.
• FIDIC 1999 Silver Book:
The Contractor is deemed to have
taken account of the Employer’s
Requirements and he is generally
responsible for the design of the
Works and for the accuracy of the
Employer’s Requirements.
Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 10
FIDIC 1999 Yellow/Silver Book Comparison
10
General Design Obligations – sub-clause 5.1
• FIDIC 1999 Yellow Book:
If the Contractor is delayed or
incurs Cost as a result of an error
itself, he is entitled to additional
time and /or money, provided that
he could not have reasonably
foreseen it prior to tender.
• FIDIC 1999 Silver Book:
The Employer also tries to
disclaim any of his responsibility
for information given to the
Contractor. However, this
responsibility is tempered by Sub-
Clause 5.1 sub a) - d) in the cases
of immutable or unverifiable
information stated in the contract,
correctness of definitions of the
intended purpose, testing.
Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 11
FIDIC 1999 Yellow/Silver Book Comparison
11
Extension of Time – sub-clauses 8.4 and 8.5
• FIDIC 1999 Yellow Book:
The Contractor is entitled to EoT
in case of:
• a variation
• exceptionally adverse climatic
conditions
• Unforeseeable shortages of
personnel and / or goods
• a Delay caused by action or inaction
of authorities or Employer’s personnel
• any contractual clause giving right to
EoT
• FIDIC 1999 Silver Book:
The Contractor’s entitlement to
EoT is limited to the following
cases:
• a variation order • a Delay caused by action or inaction of
Employer’s personnel
• any contractual clause giving right to EoT
• a delay caused by action or inaction of authorities but only if the Contractor ‘diligently followed the procedures’ and
the delay was not „reasonably foreseeable by an experienced Contractor”
Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 12
FIDIC 1999 Yellow/Silver Book Comparison
12
Employer‘s risks – sub-clause 17.3
• FIDIC 1999 Yellow Book:
The Employer’s Risks also
include:
• use or occupation by the
Employer of any part of the
Permanent Works, sub f)
• design of any part of the Works
by the Employer, sub g)
• any unforeseeable operation of
the forces of nature, sub h)
• FIDIC 1999 Silver Book :
The Employer’s Risks are much
more limited and do not include
for example: loss or damage due
to occupation of the works by the
Employer, most of the General
Design risks even when data is
provided by the Employer, Force
Majeure etc.
Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 13
FIDIC 1999 Yellow/Silver Book Comparison
13
Understanding “Turnkey” and “Fit for Purpose” in the
Public Procurement Contracts for Construction
Services
• Conditions of Contract for EPC Turnkey Projects, which
are recommended where the Contractor takes total
responsibility for the design and execution of an
engineering project. Under the usual arrangements for
this type of contract, the the Contractor carries out all the
Engineering, Procurement and Construction: providing a
fully-equipped facility, ready for operation (at the "turn of
the key”). This type of contract is to be negotiated
between the parties. Therefore the tendering procedure
has to permit discussions between the Tenderer and the
Employer about technical matters and commercial
conditions.
Chamber of Commerce & Industry in Slovenia 14
Turnkey
• For such projects it is necessary for the Contractor to assume responsibility
for a wider range of risks than under the traditional Red and Yellow Books
• occurrence of poor or unexpected ground conditions,
• Content of the seting out in the requirements prepared by the Employer.
Preconditions:
• the Employer must give to the Contractor the time and opportunity to obtain
and consider all relevant information before the Contractor is asked to sign
on a fixed contract price.
Price:
• The Employer must also realize that asking serious contractors to price
such risks will increase the construction cost and result in some projects not
being commercially viable.
Chamber of Commerce & Industry in Slovenia 15
Turnkey
• This form for EPC Turnkey Projects is thus intended to be suitable,
not only for EPC Contracts within a BOT or similar type venture, but
also for all the many projects, both large and smaller, particularly E
& M (Electrical and Mechanical) and other process plant projects,
being carried out around the world by all types of employers, often in
a civil law environment, where the government departments or
private developers wish to implement their project on a fixed-price
turnkey basis and with a strictly two party approach.
• A feature of this type of contract is that the Contractor has to prove
the reliability and performance of his plant and equipment. Therefore
special attention is given to the ‘Tests on Completion’, which often
take place over a considerable time period, and Taking Over shall
take place only after successful completion of these tests.
Chamber of Commerce & Industry in Slovenia 16
Fit for Purpose
• Fitness for purpose: FIDIC
• For Contractors it is tied to purposes expressly set out in the
contract. For example, clause 4.1 of the FIDIC Silver, Yellow and
Gold Books (Conditions of Contract for EPC/Turnkey Projects,
Design and Build and Design Build Operate) contains the following
provision:
• “When completed, the Works shall be fit for the purposes for which
the Works are intended as defined in the Contract.”
• Contractors will still want to be clear where these purposes are
defined in the Contract (and that they are narrowly and precisely
defined).
Chamber of Commerce & Industry in Slovenia 17
Fit for Purpose
• Employers’ tactics: fitness for purpose by stealth?
• “When completed, the Works shall comply in all respects with the
requirements of the Employer as defined in the Contract.”
• The advantage of using this amended wording, from an employer’s
point of view, is that it has the same power and effect of a fitness for
purpose clause, without the stark (and easily identifiable and word-
searched) term ‘fitness for purpose’.
Chamber of Commerce & Industry in Slovenia 18
Chamber of Commerce & Industry in Slovenia 19
Unfair Conditions
Chamber of Commerce & Industry in Slovenia
ISSUE
Sub-
contractors
Sub-clause 4.4
The Contractor may not subcontract 100 % of
works under the Contract
Compulsory delivery of confirmation of payment
to Subcontractors along with application for IPC
– precondition of issuance of IPC, or
Subcontractor’s entitlement to demand payment
directly from the Employer in case the Contractor
does not pay them (regardless of the cause) or
Employer pays directly to Subcontractors
Site Data
Sub-clause 4.10
•declaration that all available information about
Construction Site are included into tender
documentation – what is not there, a Contractor
must acquire on his own
•Contractor’s declaration that he checked all the
requirements and got all explanations on tender
stage
•possibility to claim for EoT and / or additional
payment excluded
20 Ljubljana, 20th April 2012
Unfair Conditions
Chamber of Commerce & Industry in Slovenia
ISSUE
Unforeseeable
Difficulties
Sub-clause 4.12
there are often unbalanced provisions
related to obligation of the contractor
when encounters unforeseen
conditions, geological more works
costs etc. are covered automatically
by contractor (so the project
documentation can be of a very bad
quality, all risks are covered by
contractor, design documentation is
very low quality)
Time for Completion
Sub-clause 8.2
Fixed deadline of completion
instead number of months
Hidden limitations, e. g. taking
over procedure included into
Time for Completion
21 Ljubljana, 20th April 2012
Unfair Conditions
Chamber of Commerce & Industry in Slovenia
ISSUE
Penalties,
Sub-clause 8.7
Multiple penalties,
High penalty rates, e. g. 0,5 % of
the Price per day
No contractual limit of penalties –
risk of extreme increase of cost
Lack of penalties against
Employer, only interests for
delayed payment
Entitlement to claim additional
compensation usually reserved
only for the Employer
22 Ljubljana, 20th April 2012
Unfair Conditions
Chamber of Commerce & Industry in Slovenia
ISSUE
Variations &
Price Revision,
Clause 13
the price is fixed, with no possibilities to raise
it in case of more works not foreseen in
project documentation.- Due to low quality of
the project documentation this is very often
the case
Only variations and
adjustments that are
‘profitable’ from technical,
economical or exploitation
point of view are permissible
Variations are permissible
but they may not result in
increase of the Contract
Price
in case of more work performed, additional
payment is not approved, it looks more like
lump sum contract in these Slovenian
"turnkey" contract) can not be changed due
to any change of the price of material and
works, sometimes more work is be calculated
on the basics of some non-specified or poor
specified calculation elements, and in the
same contract there is provision wording for
more works another public procurement
procedure should be performed
23 Ljubljana, 20th April 2012
Unfair Conditions
Chamber of Commerce & Industry in Slovenia
ISSUE
VAT rate
change,
Sub-clause
13.7
Employers do not want to
agree on price rise even in
the case of big delays
provoked by the Employer
Excluding the provisions,
specific or whole articles of
Special Construction
Usuances (PGU) and even
Code of obligations (articles
655, 656) in construction
contracts
24 Ljubljana, 20th April 2012
Unfair Conditions
Chamber of Commerce & Industry in Slovenia
ISSUE
Claims & Dispute
Settlement,
Clause 20
Very limited claims procedures,
National court as the only dispute settlement
body
No alternative dispute resolution methods (DAB,
mediation, independent arbitration).
If arbitration is allowed, it is only national
arbitration.
Tender Conditions Treating Conditions of Contract as less important
than tender documents such as Specification
(SIWZ) and Invitation for Tenders – often
important terms and conditions are ‘hidden’ there
instead of being included into PCC
Many requirements set out in EU funds
guidelines are transferred to the Contractor – e.
g. to produce necessary documents and to
comply with the terms of the loan agreement
between the Employer and the Lender – which is
not known to the Contractor
25 Ljubljana, 20th April 2012
LAW ISSUES
Chamber of Commerce & Industry in Slovenia Ljubljana, 20th April 2012
ISSUE
Variations &
Price Revision
•Permissible in measurement contracts
•Employer’s consent required
•In emergency situation Contractor may act without such consent – if the increase
of Price resulting from it is excessive an Employer may terminate the contract
(Code of Obligations art. 653 – 656) (Civil Code art. 630 - 631)
In lump-sum contract excluded unless:
1) the change of circumstances was not
foreseeable when signing the contract
2) the Contractor suffers excessive loss
If those two happen a court must decide
on Price Revision (Civil Code art. 632)
Employer’s
cooperation
Employer is obliged to cooperate with the
Contractor – e.g. help in obtaining permits
If he refuses it may be a basis for
termination of the contract.
(Civil Code art. 354 § 2 and art. 640)
LAW ISSUES
Chamber of Commerce & Industry in Slovenia Ljubljana, 20th April 2012
ISSUE
VAT rate change
In case of the VAT increase public employer demands to be covered by the
Contractor
Contractor should cover all the cost, even those not foreseen in the design
documentation, the cost of all permits, that additionally should be payed in the time
of performing work on construction site
(Code of Obligations art. 653 – 659) (Civil Code, art. 630 – 632)
Unforseeable
difficulties
The contractor has the right to fair
payment for the unforeseen works
(art. 653, sub. 4)
But
The Employer may withdraw from the
contract if the agreed fee would be
considerably higher owing to such works
(art 653, sub. 5)
Contractor’s entitlement to EoT and /
or additional payment in such case
only if it is explicitly stated both in
tender documents and contract
(Public Procurement Law art. 144 ).
Dispute Resolution Usually neither DAB nor arbitration foreseen in a contract, only common court can
settle contractual disputes
LAW ISSUES
Chamber of Commerce & Industry in Slovenia Ljubljana, 20th April 2012
ISSUE
Subcontractors • subcontractors must be accepted by the
Employer
• Scope of works to be executed by subs
shall be indicated in main contract
• Joint and several liability of Employer and
Contractor for payment to subcontractors -
Subcontractor’s entitlement to demand
payment directly from the Employer in case
the Contractor does not pay them (regardless
of the cause) or Employer pays directly to
Subcontractors
Payment Guarantee
Contractor’s right to demand payment
guarantee foreseen in Civil Code (art. 649¹ -
6494).
The Employer shall not refuse.
The Contractor cannot renounce this
entitlement in the contract.
LAW ISSUES
Chamber of Commerce & Industry in Slovenia Ljubljana, 20th April 2012
ISSUE
Payments,
Sub-clause 14.8
Under civil law maximum payment term is
30 days, after that interests should be paid
(art. 2.1 Act on Payment Deadlines in
Commercial Transactions).
Exception:
The aforementioned principle does not
apply in contracts co-financed by EU funds
(art. 93 of Public Procurement Law).
Performance
Security
Sub-clause 4.2
Performance Security according to Public
Procurement Law:
• max 10 % of the Accepted Contract
Amount (art. 148),
• 70 % to be returned after taking over of
Works, (art. 151)
• 30 % after expiry of Defects Notification
Period (art. 151)
Better Practices
Suggestions on How to Improve
• Sub-clause 4.1 (Contractor’s General Obligations) – fitness for purpose
obligation must be defined clearly and unambiguously in the contract.
Where a contractor is both the designer and the contractor, unless the
contract deals expressly with the point, a fitness for purpose obligation will
often be implied into the terms of the contract. As a result, contractors
unwilling or unable to take on a fitness for purpose obligation in their design
and build contract should check the standard form includes wording that
excludes fitness for purpose, or will need to propose their own.
• Sub-clause 4.2 (Performance Security) – a limit of 10 % and clear
conditions, amounts and deadlines for the return of the Security should be
agreed in the Contract
• Sub-clause 4.7 (Setting out) – check the setting out data prior to submission
of the tender or clarify the basis of the offer and propose the Employer to
retain responsibility under sub-clause 5.1.
Chamber of Commerce & Industry in Slovenia 30
Better Practices
Suggestions on How to Improve
• Sub-clause 4.10 (Site data) – any time these circumstances occur:
– time or information is insufficient before Contract signature
– there is considerable work underground or difficult to inspect
– Employer intends to supervise closely or control or review
– an intermediary certifies interim payments
– part of the Works is designed by Employer
the Contractor should follow FIDIC’s own recommendation that the Silver
Book is not suitable and propose to replace it by the Yellow Book.
• Sub-clause 5.1 (General Design Obligations) – the Contractor should state
in his offer which parts of the Employer’s requirements could not be verified
and the matter should be agreed before signing of the contract.
• Sub-clause 10.2 (Taking over of parts of the Work) – if possible contractors
should insist in using the corresponding provisions of the YB (deemed
taking over).
• For further suggestions please refer to the EIC Contractor’s Guide on the
various FIDIC forms of Contract
Chamber of Commerce & Industry in Slovenia 31
Better Practices
Suggestions on How to Improve
• Under certain circumstances (in cases of projects financed by
Multilateral Development Banks ) the use of the MDB Harmonized
Edition of the FIDIC Conditions of Contract for Construction, June
2010 may be advisable due to the following improvements:
• EIC is pleased to note that several comments made earlier by EIC,
either in relation to the FIDIC 1999 “Red Book” or with regard to the
May 2005 and the March 2006 versions of the FIDIC MDB
Harmonised Construction Contract have been rectified in the FIDIC
2010 MDB Harmonised Construction Contract, such as:
• Sub-Clause 1.12 [Confidential Details] – The parties’ obligations
with regard to Confidential Details are now mutually binding;
• Sub-Clause 1.13 [Compliance with Laws] – Obtaining the building
permit is now the explicit responsibility of the Employer;
• Sub-Clause 2.5 [Employer’s Claims] – The 28-days notification
deadline contained in Sub-Clause 20.1 now also applies to the
Employer;
Chamber of Commerce & Industry in Slovenia 32
Better Practices
Suggestions on How to Improve
• Sub-Clause 3.5 [Determinations] – The time limit for the Engineer
to make a Determination has been fixed to 28 days;
• Sub-Clause 7.7 [Ownership of Plant and Materials] – The
ownership subrogates only with incorporation in the Works or with
actual payment.
• Sub-Clause 8.1 [Commencement of Works] - The commencement
of Works is now subject to conditions precedent;
• Sub-Clause 13.1 [Right to Vary] – An additional reason entitling the
Contractor to reject a Variation has been introduced;
• Sub-Clause 14.2 [Advance Payment] – The purpose of the
advance payment as cash flow injection enabling investment and
mobilisation is demonstrated more clearly given that the
amortisation schedule is to become less burdensome on the
Contractor;
Chamber of Commerce & Industry in Slovenia 33
Better Practices
Suggestions on How to Improve
• Sub-Clause 14.9 [Payment of Retention Money] – The repayment
of the Retention Money has been modified in favour of Contractor;
and
• Sub-Clause 20.1 [Contractor’s Claims] - The Dispute Board can be
activated if the Engineer fails to respond within the given deadline.
• However, even this form of contract has some retrogressions which
increase the risks for contractors, for instance regarding
performance security (sub-clause 4.2), evaluation (sub-clause 12.3).
limitation of liability (sub-clause 17.6), arbitration (sub-clause 20.6).
• For further suggestions please refer to the EIC Contractor’s Guide
on the various FIDIC forms of Contract
Chamber of Commerce & Industry in Slovenia 34
Summary/Conclusions
• Inside EIC the members of the Contract Conditions Working Group, to
which I belong, have reflected in the EIC comments to the various FIDIC
forms of contracts the international experience and the variety of solutions
found to solve arising problems.
• Unfortunately, we cannot say that there would be a standard solution, that
we could recommend for all countries, considering that:
• Some of the problems exist specifically in Slovenia, others can also be
found in Central Europe
• the applicable (national) Law may allow or not for certain solutions that are
not transferrable but some solutions can already be found in national
legislations, for instance in Polish Civil Code art. 354 § 2 and art. 640
(Employer’s obligation to cooperate with the Contractor), art. 632
(entitlement to go to court for Price Revision in lump-sum contracts) and
649¹ - 6494 (Payment Guarantee).
Chamber of Commerce & Industry in Slovenia 35
Summary/Conclusions
• the level of qualification and interest in cooperation with the Contractor by
public entities dealing with FIDIC Contracts may vary from country to
country, however it is crucial that the various FIDIC forms of contract are
used for the type of projects they were created for:
• Red Book: building and engineering works if most (or all) of the works are to
be designed by (or on behalf of) the Employer,
• Yellow Book: the provision of electrical and/or mechanical plant and for
building and engineering works if most (or all) of the works are to be
designed by (or on behalf of) the Contractor,
• Silver Book: a process or power plant, or an infrastructure project, 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 (including responsibility for Employer design),
• the Employer is willing to pay more and not to interfere in the
construction process
Chamber of Commerce & Industry in Slovenia 36
Summary/Conclusions
• Generally EIC does not recommend Contractors to use the Silver Book due
to its unbalanced risk distribution leading to misuse by Employers in Central
and Eastern Europe and around the world.
• The actual economical situation of the country may influence the approach
of public entities regarding their flexibility in finding equitable solutions for
both Parties
• The agreed contractual terms for dispute resolution also determine the level
of success of possible solutions (DAB clause, arbitration, national courts).
Chamber of Commerce & Industry in Slovenia 37
The EIC Contractor‘s Guides
EIC Contractor‘s Guides on the FIDIC „New Books“ were produced between 2000 and 2003
and the EIC Guide on the DBO Contract in 2009.
EIC Guide on the “MDB Harmonised Construction Contract” was published in April 2011
March 2000 March 2002 March 2003 May 2009
38 Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 38
EIC Contact
Address: EIC Secretariat Kurfuerstenstrasse 129, D - 10785 Berlin, Germany
Phone: ++49 (0)30 /21286-244
Fax: ++49 (0)30 /21286-285
E-mail: [email protected]
Internet: www.eicontractors.de
39 Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 39
Thank you for your attention
40 Ljubljana, 20th April 2012 Chamber of Commerce & Industry in Slovenia 40