A Comparative Examination of The Provisions of The General Conditions of The Red FIDIC and The General Conditions of Contract Bulletin 4311

Darabi, Amir Sina; Ravanshadnia, Mehdi

doi:10.22034/cpj.2024.458954.1295

A Comparative Examination of The Provisions of The General Conditions of The Red FIDIC and The General Conditions of Contract Bulletin 4311

https://doi.org/10.22034/cpj.2024.458954.1295

Volume 6, Issue 9 - Serial Number 67
November 2024

Pages 11-36

Document Type : Research Article

Authors

amir sina darabi ¹

Mehdi Ravanshadnia ²

¹ Department of Engineering and Construction Management˓ Science and Research˓ Islamic Azad university˓ Tehran˓ Iran

² PhD, Associate Professor, Faculty of Art and Architecture, Islamic Azad University, Science Research Branch of Tehran

Abstract

Various similar agreements have been established in our country as well as in other countries, some of which are officially international and others are unofficially recognized as international. The purpose of this research is to compare and apply the general conditions of the three-party agreement between Iran and Red FIDIC, which is one of the most important administrative contracts of the agreement. The general conditions of the international FIDIC agreement and the general conditions of the three-party agreement with Iran prevail inside the country. In general, the results of this research showed that since both of these general conditions are among the three-party general conditions, the general conditions of the FIDIC agreement, which has 73 articles, and the general conditions of the three-party agreement of Iran, which has 54 articles, have many similarities. But in some cases, such as lawsuits, training, risk allocation, and safety, there are differences. Specifically, in FIDIC, the consulting engineer's powers are much greater. The use of the general conditions of the FIDIC agreement is not applicable without making amendments and adding additional items by considering the laws and regulations in Iran. In this research, we have carefully investigated the differences and expressed them in a comparative manner.

Keywords

Alignment

General Contract Conditions

Publication No. 4311

FIDIC Red Book

Subjects

Abdelalim, A. M., Ezz Al Regal, M. R., AL Nasser, A. A., Alwahaibi, R., & Tantawy, M. (2024).
Variations & Claims in International Construction Contracts (FIDIC) from Statistical Perspective
in MENA Region for the Last Decade. Preprints. http://dx.doi.org/10.20944/preprints202404.2016.v1
Ajmal, M., & Rajasekaran, C. (2022). Comparison of Afghanistan’s Construction and Engineering
Contract with International Contracts of FIDIC RED BOOK (2017) and NEC4—ECC. In Recent Trends
in Construction Technology and Management: Select Proceedings of ACTM 2021 (pp. 299-313).
Springer.
Al-Hyari, O. H. (2020). Applicability of the 2017 FIDICRed Book in Civil Law Jurisdictions. Arab
Law Quarterly, 37(1-2), 217-236. https://doi.org/10.1163/15730255-BJA10065
Al Marri, D. A. (2023, 5-8 February, 2023). Mitigating Legal Risks in Construction Project
Contracts: The Importance and the Applicability of Force Majeure Clauses 2nd International
Conference on Civil Infrastructure and Construction (CIC 2023), Qatar University, Doha, Qatar.
Bagherian Marandi, N., Ravanshadnia, M., & Akbarzadeh-T, M.-R. (2023). Evaluating the FIDIC's
termination for convenience clause in General Conditions under common law in Iranian civil law
system for Construction Contracts. Amirkabir Journal of Civil Engineering, 55(3), 603-618. [in
persian] https://doi.org/10.22060/ceej.2023.19087.7063
Gourabi, f. s. (2019). Value Engineering & FIDIC. civil and project journal, 1(2), 68-76. [in
persian] https://www.cpjournals.com/article_91118_fc479318e7fd02cd36aaa11672fa98cf.pdf
11 / دارابی، امیر سینا، روانشادنیا، مهدی -36 ،)9(5 ، نشریه عمران و پروژه، 1403
36
Kandil, O., Yehia, N., & Hamed, T. (2022). Design Liability under FIDIC Red Book and Some
Civil Law Jurisdictions. Journal of Legal Affairs and Dispute Resolution in Engineering and
Construction, 14(1), 06521003. https://doi.org/10.1061/(ASCE)LA.1943-4170.0000506
Mashhadizadeh, A., & mehri, a. (1400). A Study of Dispute Resolution Methods in Contracting
Contracts by Comparative Study in FIDIC. Political and InternationalResearches Quarterly, 48(12),
21-45. [in persian] http://sanad.iau.ir/fa/Article/944802
Moreira, T. F., & Gabra, C. (2024). Applying FIDIC Contracts in Brazil. In FIDIC Contracts in the
Americas (pp. 105-131). Informa Law from Routledge.
Rahimi, h., & alizade, s. (2017). essence of price adjustment in construction contracts in iran and
fidic. Private Law Research, 6(21), 147-175. [in persian] https://doi.org/10.22054/jplr.2018.8139
Wahab, M. S. A., & El Nemr, W. (2024). Applying FIDIC Contracts in Egypt. In FIDIC Contracts
in Africa and the Middle East (pp. 99-140). Informa Law from Routledge.

XML

PDF 566.16 K