FIDIC Contracts in Asia Pacific A Practical Guide to Application
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 subject to the relevant laws.
FIDIC Contracts in Asia Pacific provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws for a number of the jurisdictions in which FIDIC contracts are used. The laws that apply to the governing law of the contract, construction works and dispute resolution in each jurisdiction are identified. This book offers chapters on the FIDIC Conditions of Contract for Underground Works, and the perspective of a bilateral aid agency on the use of FIDIC contracts. Each jurisdiction features an outline of its construction industry and information on the impact of Covid-19 on both the execution of construction projects and the operation of construction contracts.
This book is essential reading for construction professionals, lawyers and students of construction law using FIDIC contracts.
Table of Figures and Tables; Table of Cases; Table of Legislation; Acknowledgements Donald Charrett; Foreword Bill Howard – FIDIC President; 1. Introduction Donald Charrett; 2. The FIDIC Golden Principles Donald Charrett; 3. Preparation of Particular Conditions Donald Charrett; 4. The FIDIC Conditions of Contract for Underground Works (the Emerald Book) Hon. Peter Vickery QC; 5. JICA's Perspectives on the Use of FIDIC Contracts Takashi Ito and Michino Yamaguchi; 6. Australia Donald Charrett; 7. China Yiwen Sun; 8. Fiji Nicholas Barnes, Melvin Chand, and Komal Singh; 9. Hong Kong Ben Bury and Julie-Anne Mallis; 10. India Sri Venkatesh, Kanika Chugh, Ashutosh Kumar Srivastava, Aditya Vardhan Sharma, and Aditya Ajay; 11. Indonesia Sarwono Hardjomuljadi, Ir Dona Alisyah Siregar, Henrico Hariandja, Peni Jati Setjowati, Enni M. Soetanto, and Reynaldo Albertiny; 12. Japan Naoki Iguchi and Kairo Sugimoto; 13. Korea Mino Han and Jennifer Yoo; 14. Malaysia Ben Bury and Julie-Anne Mallis; 15. Nepal Hare Ram Shrestha and Tanka Prasad Dulal; 16. Pakistan Khawaja Hamid Mushtaq; 17. Papua New Guinea Joe Barbaro, Andrew McCormack, Nick Throne, Ryan Warokra, and Kenneth Imako; 18. Philippines Salvador P Castro Jr; 19. Singapore Yvonne Foo; 20. Sri Lanka Malith Mendis, Harsha Cabral, and Chamaka Ambagahawita; 21. Vietnam Trung Nguyen Nam, Le The Hung, and Nguyen Thi Hoa; Glossary; Index
"This book will be a vital encyclopaedia for all those tasked with the production, amendment, finalisation and administration of FIDIC contracts in the Asia Pacific. It provides a valuable guide to those aspects of mandatory and non-mandatory law that should be taken into account when drafting Particular Conditions of contract." -- Nick Longley, HFW
"Such is the comprehensive nature of the guidance and explanations within the opening chapters that it will undoubtedly be regarded as one of the definitive guides to what FIDIC is, and how to use it." -- Bill Barton, Barton Legal
"FIDIC Contracts in Asia Pacific will be an invaluable resource when it comes to understanding the FIDIC suite and assisting the industry in maximising the benefit from the suite, whether or not any particular project adopts one of the FIDIC contracts." -- Phillip Greenham, JBM Advisory
"I can highly commend this book on multiple levels—from its intention to provide a practical tool by which to draft the Particular Conditions to a FIDIC Contract to its secondary benefits providing invaluable insight into the operation of construction law across multiple jurisdictions." -- Kiri Parr Member of FIDIC Contracts Committee
"There is no obvious gap or need for improvement in this book. It is comprehensive gives the reader much more than the title first indicates. FIDIC Contracts in Asia Pacific: A Practical Guide to Application is an important text in the world of construction law and it will make essential reading for all those working with FIDIC Contracts. Not only is it an excellent practical tool by which to draft the Particular Conditions to a FIDIC Contract, but it also provides excellent insights into how differing jurisdictions in the Asia Pacific region will react to the *Const. L.J. 499 FIDIC contract. The editor and of course the chapter authors must all be congratulated for giving us such a useful text".- Dr Hamish Lal, Partner Akin Gump Strauss Hauer & Feld and Adjunct Professor of Law at Sutherland School of Law, University College Dublin