Civil Engineering Project Management (4th Edition)

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4.3 Conditions published by the International Federation of Consulting Engineers (FIDIC) FIDIC ‘Red Book’ Conditions, 4th Edition The FIDIC ‘Red Book’ Conditions, 4th Edition are intended to apply to civil engineering work worldwide. They take the same form as the ICE conditions, but with some variations and simplifications to allow for work outside the UK. Additions can be made to cover local needs and different procedures for payment including payment in different currencies. The 4th edition – substantially revising the 3rd – incorporated changes resulting from consultations within the international construction industry and with major international lending agencies. These conditions were accepted by the major lending agencies who recommend or require their use together with additional clauses and amendments proposed by the agencies. An important requirement in FIDIC4 is that the engineer is specifically required to consult with both the employer and the contractor before making a decision on a contractor’s claim for additional payment or extension of the contract period. Another provision of importance is contained in Clause 52(3) which allows for adjustments to payment with respect to the contractor’s overheads if the value of extra works ordered exceeds 15 per cent of the tendered sum excluding dayworks and provisional items. 1999 New forms Contract conditions used for civil engineering work 45 In 1999 FIDIC published four new forms. The first is a Contract for Construction to replace the Red Book. Much of the text and the concepts have remained but the whole is re-organized into what was considered a more logical sequence of clauses. The role of the independent engineer is retained who again has to consult with both parties to try to reach agreement on claims and the like, but if this is not possible, to ‘make a fair determination in accordance with the Contract, taking due regard of all relevant circumstances’. The engineer’s duty to make final decisions on disputed matters is replaced, however, by use of a Dispute Adjudication Board (DAB) selected by the parties. A second form is for Plant and Design-Build which allows for the contractor to undertake design in accordance with the Employer’s requirements set out in the contract. As the title suggests this is intended both for plant supply and installation and for use where much of the civil works may also be designed by the contractor. This contract again uses an independent engineer to monitor design and construction against the requirements and has the DAB to decide disputes. Additionally FIDIC produced in 1999 a radically different form for engineer, procure and construct (EPC)/Turnkey Projects. Under this form the contractor
46 Civil Engineering Project Management takes over full responsibility for design and construction including any requirements of the employer, and undertakes to produce works which achieve the desired result. There is no independent engineer but an employer’s representative who carries out various administrative and payment functions on behalf of the employer with disputes again referred to a DAB. FIDIC have also produced a short form of contract for short-term projects of a fairly simple nature handled directly by the employer’s staff. 4.4 Other conditions for civil engineering or building work GC/Works/1 – General Conditions of Government Contracts for Building and Civil Engineering Works, Edition 3 (1991) This edition is used mainly by UK government departments. They are, in consequence, widely used and are available in a number of different forms, for example, for payment by priced bills of quantities, lump sum, schedule of rates, or for design and construct, or supply only contracts. The contract is administered by a project manager or supervising officer who may be given powers similar to those of the engineer under the ICE conditions, but this depends on the policy of the government department concerned and type of work undertaken. The employer (i.e. government department) takes on some powers exercised by the engineer under ICE conditions, including granting extension of time and deciding some payments to the contractor. Different departments may adopt different approaches in using the conditions, and new methods of contract administration have been tried out from time to time. Earlier editions of these conditions were felt to leave too much of the risk of construction with the contractor; for example by allowing neither extra time nor money in the event of bad weather. The 3rd edition of GC/Works/1 published in 1998 shows a more balanced approach but still does not require the project manager to act fairly. Joint Contracts Tribunal Conditions These conditions are not intended or used for civil engineering work but are the most widely used conditions adopted in the building industry; they are described here to show the building industry’s different approach. Buildings will, of course, include many significant elements of civil construction, such as deep foundations or reinforced concrete structures such as a multi-storey car park. The ‘Joint Contracts Tribunal (JCT)’ which produces these conditions comprises representatives of the RIBA, RICS, ACE, various employers and building contractors and specialist contractors’ organizations and representatives of local
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Civil Engineering Project Managemen
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Civil Engineering Project Managemen
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Contents Preface xiii Acknowledgeme
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Contents vii 4.3 Conditions publish
Page 10 and 11: Contents ix 10.3 The Health and Saf
Page 12 and 13: Contents xi 15.4 Problems with clas
Page 14 and 15: Preface Most civil engineering cons
Page 16 and 17: 1 The development of construction p
Page 18 and 19: The great majority of all civil eng
Page 20 and 21: and takes over ownership of them at
Page 22 and 23: The development of construction pro
Page 24 and 25: supported by the DETR’s 7 Constru
Page 26 and 27: advantage is that a contractor who
Page 28 and 29: civil engineering, incorrect or ins
Page 30 and 31: The development of construction pro
Page 32 and 33: 2 Procedures for design and constru
Page 34 and 35: 2.3 Options for design The followin
Page 36 and 37: utilities in the UK continued to us
Page 38 and 39: Some plant suppliers, however, will
Page 40 and 41: • The promoter may need to employ
Page 42 and 43: given period of a year or longer. T
Page 44 and 45: 3 Payment arrangements, risks and p
Page 46 and 47: (c) Lump sum contracts Payment arra
Page 48 and 49: inflation of prices after he has te
Page 50 and 51: Payment arrangements, risks and pro
Page 52 and 53: Payment arrangements, risks and pro
Page 54 and 55: if not, to make some deletion to re
Page 56 and 57: Contract conditions used for civil
Page 58 and 59: D&C contracts are often used when t
Page 62 and 63: authorities. A range of standard fo
Page 64 and 65: Contract conditions used for civil
Page 66 and 67: 5.2 Roles of the key participants i
Page 68 and 69: Preparing contract documents 53 the
Page 70 and 71: Preparing contract documents 55 mat
Page 72 and 73: work. Some methods may need to be s
Page 74 and 75: personnel may also be included. Thi
Page 76 and 77: Preparing contract documents 61 hen
Page 78 and 79: Preparing contract documents 63 ‘
Page 80 and 81: invited to bid for the project. Con
Page 82 and 83: Tendering 67 If pre-qualification i
Page 84 and 85: construction, so that they can plan
Page 86 and 87: e avoided because they can provide
Page 88 and 89: corrected. Where this results in an
Page 90 and 91: 6.8 Choosing a tender Tendering 75
Page 92 and 93: Tendering 77 • an intent that the
Page 94 and 95: Appendix: UK Regulations UK Statuto
Page 96 and 97: execution of the contract, but he d
Page 98 and 99: of formwork carpenters, steel erect
Page 100 and 101: The contractor’s site organizatio
Page 102 and 103: The contractor’s site organizatio
Page 104 and 105: 8.1 Introduction 8 The employer and
Page 106 and 107: 8.3 A note on alternative provision
Page 108 and 109: further drawings the contractor nee
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(see References 5 and 6). But under
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The resident engineer’s duties 97
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need to go carefully at first so th
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10 Health and safety regulations 10
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Health and safety regulations 109 N
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10.5 Training As part of the drive
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should be evaluated. This is a new
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10.9 The Construction (Health, Safe
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Health and safety regulations 117 C
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enable first aid to be given to emp
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• The programme for construction
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• rainfall and runoff data; • d
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Starting the construction work 125
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Starting the construction work 127
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12.2 Levelling Site surveys, invest
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each floor. Alternatively an optica
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instance, it will have to be starte
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Percussion drilling Site surveys, i
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For grading analyses of soils 4. A
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Site surveys, investigations and la
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Contract state that the employer wi
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The drainage of clay or clay and si
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General files (Series 1-9) The resi
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If an instruction does not vary the
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The resident engineer’s office re
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13.8 Authorization of dayworks The
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with the engineer. If the decision
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Fig. 13.7. A page of a pipe stock b
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in red on a copy of the contract dr
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14 Programme and progress charts 14
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how any consequential delay to the
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Description EXC. & filling soil str
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Programme and progress charts 171 d
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Height A.O.D. 200m 100m Pumping sta
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success leads to another. By experi
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Table 14.1 Estimated Final Cost of
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Measurement and bills of quantities
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‘Painting items N1-N13 after erec
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a tender is in the tenderer’s han
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other tenderers, etc., the contract
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Interim monthly payments 197 28 day
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Interim monthly payments 199 paid t
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Interim monthly payments 201 into d
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or for which contractual dates for
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Interim monthly payments 205 the co
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Variations and claims 207 reaching
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Variations and claims 209 Extensive
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The problem of setting rates for ne
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Variations and claims 213 that the
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costs. The problem is that borings
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17.10 Delay claims Variations and c
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Variations and claims 219 Some othe
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concerning a contractor’s claim,
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17.16 Arbitration Under the ICE con
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18 Earthworks and pipelines 18.1 Ex
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The grab has a low output rate, but
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match the timing of empty vehicles
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are then more clearly revealed. The
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minimum rise or fall. The preferred
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Earthworks and pipelines 235 The cr
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Table 19.1 Site concreting and rein
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Site concreting and reinforcement 2
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eason, the contractor has to take s
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Acceptance of tender 76 ACE (Assn.
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Design options 24 et seq. Design an
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One stop shop 15 Opening tenders 71
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Time schedule of key dates 168 Tran
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Plate 2a. An early use of a large t
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Plate 4a. Rollers compacting side s
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Plate 6b. Steel piling sometimes do
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Plate 8a. Presumably somebody thoug
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Plate 10a. It is almost universal t
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Plate 12a. On any job not properly
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Plate 14a. The typical fluidity of
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Plate 16a. If reinforcement is not
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