The Green Book continues to reflect the principles and allocation of risk between the parties as the FIDIC Red and Yellow Books. It allows for either lump sum or other pricing and allows for design by either the Employer or the Contractor. There is no Engineer as with the Red and Yellow Books, but the Employer may nominate his Representative which may or may not be a professional engaged to manage the Contract Works. As the name suggests the Short Form is much briefer than the more detailed Red and Yellow Books with only fifteen clauses and four thousand five hundred words compared to the thirty thousand plus, word count for the Red Book. (more)
Clause 53 of the Conditions of Contract specifies the procedure which the Contractor must follow in the event that he intends to make a claim under the Contract. A variant of this clause is also included within the current editions of the FIDIC forms of contract and may also to be found in many other standard forms.
In the event that the Contractor intends to claim any additional payment under the Contract Clause 53 makes it a mandatory (more)
Recently MALCONLAW announced that followers of this site and those that registered for our limited period event on Facebook http://www.facebook.com/events/297660023609419/ would receive our recently prepared Malaysian Edition of Standard letters for Contractors in the administration of FIDIC Red Book 4th Edition. Over the coming few months we will be issuing similar Malaysian Editions for FIDIC Yellow Book, Gold Book, Silver Book and Short Form, together with both PAM Standard Forms. It you want to get free copies please ensure you join us on Facebook http://www.facebook.com/MALCONLAW and sign up to follow this blog by email
Remember this is free and there are no obligation
Over the last few days we have added a number of articles together with their associated Judgments.
Amicable Settlement – A Vital Tool – This article considers the use of amicable settlement to resolve disputes before the litigation stage. It all so discussed the fact that attempts to reach amicable settlement is becoming essential rather than optional with the wording of standard forms.
Causation – Remoteness and Foreseeability Tests in Determining Eligibility of Claims – This article looks at the connection between the contract breach and the damage or loss and the necessity for the parties to have contemplated such when entering into the contract.
Caution to be exercised in the use and drafting of Letters of Intent – This Article discusses the pit-falls that face the parties to in inadequate letters of intent are used and looks at the essential content for a letter of intent.
Comparison of the Engineer under FIDIC Red Book 1999 and the FIDIC Red Book 4th Edition – As the title suggests this article considers how the impartiality and duties and obligations of the Engineer have changes under the 1999 FIDIC Red Book in comparison to the earlier FIDIC Red Book 4th Edition 1987.
Dealing with the Acceleration Issue Within this article the definitions of acceleration, its causes, acceleration agreements, together with claims and the quantification of acceleration costs are considered.
Expert Witness No Longer Enjoy Immunity for Negligence This article discusses the effects that the landmark judgment in the case of Jones v Kaney 2011 has changed the liability of the Expert Witness.
In addition to the above articles there are new articles relating to ‘fit for purpose’ , the Statute of Limitations Act and the effects concealment can have on limitations, Novation and Assignment are compared and the ‘Entire agreement’ clause is explained.
The latest addition to the site is the FIDIC suite of contracts to complement the Malaysian Forms of Contract. These forms of contract will remain in use on large infrastructure projects and projects with Design and Build, Turnkey or Design, Build and Operate requirements and indeed will be used extensively on marine, off-shore and international works.