1st Edition

FIDIC Contracts in Africa and the Middle East A Practical Guide to Application

Edited By Donald Charrett Copyright 2024
494 Pages 4 B/W Illustrations
by Informa Law from Routledge

494 Pages 4 B/W Illustrations
by Informa Law from Routledge

494 Pages 4 B/W Illustrations
by Informa Law from Routledge

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. FIDIC Contracts in Africa and... Read more

List of Figures

List of Tables

About the Editor

List of Contributors

Foreword

Acknowledgements

Table of Cases

Table of Legislation

  1. Introduction

Dr Donald Charrett

2. The FIDIC Golden Principles

Dr Donald Charrett

3. Preparation of Particular Conditions

Dr Donald Charrett

4. Angola

Miguel Lorena Brito & João Almeida

5. Egypt

Professor Dr Mohamed S Abdel Wahab & Dr Waleed El Nemr

6. Ethiopia

Dr Belachew Asteray Demiss & Zenawi Mehari Limenih

7. Jordan

Husni Madi & Firas Malhas

8. Kenya

Barasa Ongeti

9. Nigeria

Abba Jaafar
Michael Uche Ukponu
Yusuf Sulayman

10. South Africa

Johan Beyers

11. Turkey

Levent Irmak

12. United Arab Emirates

Erin Miller Rankin & Samantha Lord Hill

13. Zambia

    Johan Beyers
    James Banda

    Glossary

    Dr Donald Charrett

    Index

     

    Biography

    Donald Charrett is a barrister, arbitrator, mediator, expert and dispute board member practising in technology, engineering and construction (TEC) disputes. He is a member of the FIDIC President’s List of Adjudicators and a Fellow of the Chartered Institute of Arbitrators. He was named Best Construction Law Practitioner, Australia 2016 by Business Worldwide Magazine. His legal publications include articles on expert evidence, FIDIC contracts, dispute boards, dispute avoidance and resolution, contract risk, forensic engineering, contractual lessons from past projects, design and construct contracts, quantum meruit and solidary liability.

    This publication is an essential navigation tool and practical application guide for construction lawyers, consultants, employers and contractors.  Dr Donald Charrett as editor and his impressive team of expert contributors commendably achieved the aim of expertly identifying and lucidly explaining and illustrating the applicable laws that may impact on the operation of FIDIC contracts in Africa and the Middle East, the execution of the works and the determination of disputes arising therefrom.

    Tjaart van der Walt, Senior Counsel of the Maisels Group of Advocates in Sandton, FCIArb, FAArb, Construction ADR Practitioner and Vice-chair of the Association of Arbitrators (Southern Africa).

     

    The management of a construction contract is the management of risk. This book is essential reading for any contractor or consultant wanting to work or working in the African or Middle East regions, to understand the commercial and legal risks that might be encountered, finding some appropriate risk responses and where additional information can be sourced.

    Ian Massey, CEng., FICE, MSAICE, Director MDA Consulting (Pty) Ltd., FIDIC Presidents List Adjudicator

     

    This is another valuable book in the series that FIDIC users in the international community must have at hand. The introduction chapter at the start of this book helpfully covers some of the most pertinent, current issues such as key construction law principles, lex constructionis and COVID-19-related matters. The practical insight in this book gives readers a penetrative understanding of international construction contracts in our modern world, and good guidance on the effective use of FIDIC contracts.

    Yvonne Foo, Partner Harry Elias Partnership

     

    A crucial compendium written by some of the most knowledgeable FIDIC practitioners. Practical and focused on regions that are often undeservedly overlooked, this book is a game-changer and sure to become an indispensable resource for anyone who aspires to excel in contract administration and legal aspects of the construction sector.

    Aarta Alkarimi (FCIArb), Founding Partner, Chrysalis LLP

     

    An important book that is sure to be welcomed by construction practitioners in Africa and the Middle East which addresses superbly important aspects of local law in the context of the FIDIC suite of contracts and in which the expertise of the chapter authors and editor shines through.  Recommended!

    Adrian Cole FZ LLE, Independent Arbitrator & Mediator