FIDIC Gold Book DBO Conditions of Contract for Design Build and Operate Projects, When preparing these Conditions of Contract for Design, Build and Operate Projects, the drafting task group has attempted to include all conditions of a general nature, which are likely to apply to the majority of DBO contracts, into General Conditions.
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However, FIDIC Gold Book DBO Conditions of Contract for Design Build and Operate Projects it was recognised that there are many essential provisions which are particular to each individual project. These are to be included as Contract Data and are to be found in the Particular Conditions Part A – Contract Data.
In addition, it was recognised that many Employers or governments, or even different jurisdictions, particularly if the General Conditions were to be used on domestic contracts, may require special conditions of contract, or indeed particular procedures, which differ from those included in the General Conditions. For this reason, the document also allows for Particular Conditions Part B – Special Provisions which includes advice to drafters of contract documents who may wish to add Special Provisions to replace or supplement the clauses to be found in the General Conditions.
Drafters of contract documents are reminded that the General Conditions of all FIDIC contracts are protected by copyright and trademark and may not be changed without specific written consent, usually in the form of a licence to amend, from FIDIC. If drafters wish to amend the provisions found in the General Conditions, the place for doing this is in the Particular Conditions Part B – Special Provisions, as mentioned above, and not by making changes in the General Conditions as such.
FIDIC also recognises that the successful performance of a long-term DBO contract requires that the Parties understand the overall time framework and the need for a long-term commitment by both the Employer and the Contractor. In trying to achieve this understanding and commitment, it has been necessary to introduce new procedures and new terminology which are not to be found in the other FIDIC forms of contract.
This FIDIC Gold Book DBO Conditions of Contract for Design Build and Operate Projects also includes a number of sample forms to help both Parties have a common understanding of what is required by third parties such as providers of securities and guarantees, and what is considered to be accepted good practice by FIDIC and the major international funding agencies. While copyrighted, these forms are expressly provided to users of the Conditions of Contract for completion by users. Users are warned that if these forms are changed in any significant way, there is a great risk that the balance of the contract and the specific wording of the Clauses may be compromised. fidic dbo contract, fidic gold, fidic gold book, construction contracts, employment contract, form of contract, templates fidic, seminars fidic, form fidic claims
This FIDIC Gold Book DBO Conditions of Contract for Design Build and Operate Projects begins with a series of comprehensive flow charts which show, in visual form, the critical sequences of activities which are specific and unique to the FIDIC® Conditions of Contract for DBO Projects, 1st Edition, 2008 DBO form of contract. These have been included by the drafting task group to facilitate an understanding of the new procedures and new terminology found in these FIDIC Conditions of Contract for Design, Build and Operate Projects.
These flow charts cover:
– The Overall Contract Period
– The Design-Build Period
– Commencement to Design-Build Commissioning
– The Operation Service Period
– Payment during the Design-Build Period
– Payment during the Operation Service Period
– Determinations by the Employer’s Representative
– Contractor’s Claims – Submission
– Contractor’s Claims – Determination
– Settlement of Disputes