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FIDIC 계약조건의 특징이자 장점은 모든 계약조건들이 동일한 구성을 하고있다는 것입니다. 이번 개정판도 계약의 특성에 따라 달라지는부분을 제외하고는 동일한 내용을 포함하고 있는데 계약조건별로 비교하면 아래와 같습니다.
아래 내용을 보는 방법은 Red Book 개정판을 기본으로 하여 Yellow Book과 Silver Book에서 변경된 부분 (형식적 구성의 측면에서)을 괄호안에 적시하는 것으로 하였음을 참고하기 바랍니다. Y는 Yellow Book, S는 Silver Book을 의미하며, 괄호 안에 S만 명시된 경우에는 Red Book과 Yellow Book은 같음을 의미합니다.
1. General Provisions
1.1 Definitions
1.2 Interpretation
1.3 Notice and other Communications
1.4 Law and Language
1.5 Priority of Documents
1.6 Contract Agreement
1.7 Assignment
1.8 Care and Supply of Documents
1.9 Delayed Drawings and Instructions(Y: Error’s in the Employer’s Requirements. S: deleted)
1.10 Employer’s Use of Contractor’s Documents (S : 1.9)
1.11 Contractor’s Use of Employer’s Documents (S : 1.10)
1.12 Confidentiality (S : 1.11)
1.13 Compliance with Laws (S : 1.12)
1.14 Joint and Several Liability (S : 1.13)
1.15 Limitation of Liability (S : 1.14)
1.16 Contract Termination (S : 1.15)
2. The Employer
2.1 Right of Access to the Site
2.2 Assistance
2.3 Employer’s Personnel and Other Contractors
2.4 Employer’s Financial Arrangements
2.5 Site Data and Items of Reference
2.6 Employer-Supplied Materials and Employer’s Equipment
3. The Engineer (S : The Employer’s Administration)
3.1 The Engineer (S: The Employer’s Representative)
3.2 Engineer’s Duties and Authority (S : Other Employer’s Personnel)
3.3 The Engineer’s Representative (S : Delegated Persons)
3.4 Delegation by the Engineer (S : Instructions)
3.5 Engineer’s Instructions (S : Agreement or Determination)
3.6 Replacement of the Engineer (S : Meetings)
3.7 Agreement or Determination (S : not used)
3.8 Meetings (S : not used)
4. The Contractor
4.1 Contractor’s General Obligations
4.2 Performance Security
4.3 Contractor’s Representative
4.4 Contractor’s Documents (Y, S : Subcontractors)
4.5 Training (Y, S : Nominated Subcontractors)
4.6 Co-operation
4.7 Setting Out
4.8 Health and Safety Obligations
4.9 Quality Management and Compliance Verification Systems
4.10 Use of Site Data
4.11 Sufficiency of the Accepted Contract Amount
4.12 Unforeseeable Physical Conditions (S : Unforeseeable Difficulties)
4.13 Rights of Way and Facilities
4.14 Avoidance of Interference
4.15 Access Route
4.16 Transport of Goods
4.17 Contractor’s Equipment
4.18 Protection of the Environment
4.19 Temporary Utilities
4.20 Progress Report
4.21 Security of the Site
4.22 Contractor’s Operations on Site
4.23 Archaeological and Geological Findings
5. Subcontracting (Y, S : Design)
5.1 Subcontractors (Y,S : General Design Obligations)
5.2 Nominated Subcontractors (Y,S : Contractor’s Documents)
5.3 (Y, S : Contractor’s Undertaking)
5.4 (Y, S : Technical Standards and Regulations)
5.5 (Y, S : Training)
5.6 (Y, S : As-Built Records)
5.7 (Y, S : Operation and Maintenance Manuals)
5.8 (Y, S : Design Error)
6. Staff and Labour
6.1 Engagement of Staff and Labour
6.2 Rates of Wages and Conditions of Labour
6.3 Recruitment of Persons
6.4 Labour Laws
6.5 Working Hours
6.6 Facilities for Staff and Labour
6.7 Health and Safety of Personnel
6.8 Contractor’s Superintendence
6.9 Contractor’s Personnel
6.10 Contractor’s Records
6.11 Disorderly Conduct
6.12 Key Personnel
7. Plant, Materials and Workmanship
7.1 Manner of Execution
7.2 Samples
7.3 Inspection
7.4 Testing by the Contractor
7.5 Defects and Rejection
7.6 Remedial Work
7.7 Ownership of Plant and Materials
7.8 Royalties
8. Commencement, Delays and Suspension
8.1 Commencement of Works
8.2 Time for Completion
8.3 Programme
8.4 Advance Warning
8.5 Extension of Time for Completion
8.6 Delays Caused by Authorities
8.7 Rate of Progress
8.8 Delay Damages
8.9 Employer’s Suspension
8.10 Consequences of Employer’s Suspension
8.11 Payment for Plant and Materials after Employer’s Suspension
8.12 Prolonged Suspension
8.13 Resumption of Work
9. Tests on Completion
9.1 Contractor’s Obligations
9.2 Delayed Tests
9.3 Retesting
9.4 Failure to Pass Tests on Completion
10. Employer’s Taking Over
10.1 Taking Over the Works and Sections
10.2 Taking Over Parts (S : Taking Over of Parts of the Works)
10.3 Interference with Tests on Completion
10.4 Surfaces Requiring Reinstatement (S : Deleted)
11. Defects after Taking Over
11.1 Completion of Outstanding Work and Remedying Defects
11.2 Cost of Remedying Defects
11.3 Extension of Defects Notification Period
11.4 Failure to Remedy Defects
11.5 Remedying of Defective Work off Site
11.6 Further Tests after Remedying Defects
11.7 Right of Access after Taking Over
11.8 Contractor to Search
11.9 Performance Certificate
11.10 Unfulfilled Obligations
11.11 Clearance of Site
12. Measurement and Valuation (Y,S : Tests after Completion)
12.1 Works to be Measured (Y, S : Procedure for Tests after Completion)
12.2 Method of Measurement (Y, S : Delayed Tests)
12.3 Valuation of the Works (Y, S : Retesting)
12.4 Omissions (Y, S : Failure to Pass Tests after Completion)
13. Variations and Adjustments
13.1 Right to vary
13.2 Value Engineering
13.3 Variation Procedure
13.4 Provisional Sums
13.5 Daywork
13.6 Adjustments for Changes in Laws
13.7 Adjustments for Changes in Cost
14. Contract Price and Payment
14.1 The Contract Price
14.2 Advance Payment
14.3 Application for Interim Payment
14.4 Schedule of Payments
14.5 Plant and Materials intended for the Works
14.6 Issue of IPC (S : Interim Payments)
14.7 Payment
14.8 Delayed Payment
14.9 Release of Retention Money
14.10 Statement at Completion
14.11 Final Statement
14.12 Discharge
14.13 Issue of FPC (S : Final Payment)
14.14 Cessation of Employer’s Liability
14.15 Currencies of Payment
15. Termination by Employer
15.1 Notice to Correct
15.2 Termination for Contractor’s Default
15.3 Valuation after Termination for Contractor’s Default
15.4 Payment after Termination for Contractor’s Default
15.5 Termination for Employer’s Convenience
15.6 Valuation after Termination for Employer’s Convenience
15.7 Payment after Termination for Employer’s Convenience
16. Suspension and Termination by Contractor
16.1 Suspension by Contractor
16.2 Termination by Contractor
16.3 Contractor’s Obligations after Termination
16.4 Payment after Termination by Contractor
17. Care of the Works and Indemnities
17.1 Responsibility for Care of the Works
17.2 Liability for Care of the Works
17.3 Intellectual and Industrial Property Rights
17.4 Indemnities by Contractor
17.5 Indemnities by Employer
17.6 Shared Indemnities
18. Exceptional Events
18.1 Exceptional Events
18.2 Notice of an Exceptional Event
18.3 Duty to Minimise Delay
18.4 Consequences of an Exceptional Event
18.5 Optional Termination
18.6 Release from Performance under the Law
19. Insurance
19.1 General Requirements
19.2 Insurance to be provided by the Contractor
20. Employer’s and Contractor’s Claims
20.1 Claims
20.2 Claims for Payment and/or EOT
21. Disputes and Arbitration
21.1 Consultation of the DAAB
21.2 Failure to Appoint DAAB Member(s)
21.3 Avoidance of Disputes
21.4 Obtaining DAAB’s Decision
21.5 Amicable Settlement
21.6 Arbitration
21.7 Failure to Comply with DAAB’s Decision
21.8 No DAAB in Place