FIDIC Conditions Publications on Market
A building contractor has an uneasy task in our conditions in case of work execution based on FIDIC Conditions, because, with exception of an unofficial FIDIC Conditions translation, there are no other publications, but the below specified ones that address FIDIC questions, on our market. Here you can find a summary of FIDIC publications available in Czech language in our market.
FIDIC Conditions and Selection Procedures
A publication "Vývoz stavebních prací a tendrová řízení" (Export of Construction Works and Tender Procedures) addresses questions of agreements based on FIDIC Conditions, and FIDIC Conditions application to construction works in this country. It was published by BertelsmannSpringer in Prague in 2000. The book offers not only explanation of basic FIDIC Conditions and their comparison to our working experience, but also describes selection procedures based on foreign construction practice in detail. The book contains a large number of examples with VOB Conditions (German investor working practice) from constructions abroad. Closer information about the book can be found at http://www.mpconsulting.cz/.
FIDIC Conditions, Agreement Interpretation, and Price Making under FIDIC Conditions
Questions of agreements based on FIDIC Conditions are addressed in detail in the book "Řízení stavebních projektů - Ceny a smlouvy v zahraniční praxi" (Construction Project Management - Prices and Agreements Abroad) that was published in 2002 by C.H.Beck. The book analyses FIDIC Agreement Conditions for versions 1987, 1999 and FIDIC D-B, and addresses questions of price making under these conditions, and submission of extra work by contractors in detail. The analyses in the individual chapters are always done by comparison to our conditions in the construction industry with agreements closed on the basis of the Commercial Code. The book is supplemented by a large number of tables, diagrams and practical examples of FIDIC Conditions, written in English with Czech translations, including a list of used abbreviations. Closer information about the book can be found at http://www.mpconsulting.cz/.
FIDIC D-B Conditions, Contracts for Project Work
A part of construction work under FIDIC D-B Conditions is also project work. A building contractor is responsible for this as opposed to our customs in commerce and construction. The general contractor closes a subcontractor agreement for this work with a project engineer. Even though this brings savings to an investor, especially in time, for the contractor it is the most difficult alternative. A large amount of claims than falls into a category of insufficient clarity for reasons of the extent of project works, and also unambiguity of project materials. In the specified case the project work runs concurrently with approval of documentation, alternative solutions and procedures with an investor, and with the construction itself. Questions of contracts for project work under FIDIC Conditions are addressed in the Chapter 10 of "Stavební, autorský a technický dozor investora" (Construction, Author, and Technical Supervision of Investor) that was published by Verlag Dashöfer in 2003.
FIDIC Conditions and Claim Management
Management of a claim agenda by contractors, after closing of an agreement based on FIDIC Conditions, is important, however, continuously underestimated activity. The goal of this agenda is to record culpability of the other agreement side, or other participants in construction, and present further contractor claims through extra work or requests for extension of a construction time schedule. This agenda can also be managed by an investor, with the goal of documenting all contractor´s faults during construction. The claims can stem out of agreement provisions with an investor - from agreement that is already closed - or they can be presented in a form of contractor´s requests to perform or coordinate work at a construction site, or they can stem out of changes to project documentation.
A publication was published by C.H.Beck in October 2004, called "Claimový management" (Claim Management). Closer information about the book can be found at www.mpconsulting.cz.
This book describes methodology of contractor´s claim management vis-a-vis agreement materials, project documentation, work performance conditions, work conditions at site, subcontractors and contractor´s claims due to missing or insufficient information, in detail. Detailed procedures on how to calculate contractor´s costs in a form of extra work, including his/her overhead costs and discussions about the extra work with an investor are described by a form of comparison of our and foreign work experience in the book full of tables and sample letters. Optimum contractor´s organizational arrangement and a role of consulting and law offices in this complicated process is suggested and explained. A part of methodology is a calculation of a time impact through faults by the other side in connection with construction. A prerequisite for contractor´s extra work reimbursement, independent of project specifics, is in every case exact adherence to the methodology of their submission, required by the agreement with an investor and his customary procedures. The claim agenda has unsubstitutable function especially in case of more construction contractors, in a sequence of construction and technological work, or assumed disputes with an investor.
The author of all above mentioned publications, and the co-author of the book "Stavební, autorský a technický dozor investora" (Construction, Author, and Technical Supervision of Investor), is Ing. Milan Oleríny. Closer information about the author can be found at http://www.mpconsulting.cz/
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