The Application Of FIDIC Conditions Of Contract In China

FIDIC Conditions of Contract are the standard system of contract which are made by the International Federation of Consul ting Engineers has devoted itself to the compilation international engineering projects among which the FIDIC Conditions of Contract has been the Bible in international engineering projects after four revisions. The ne w models include FIDIC Conditions of Contract for Const ruction, the ( New Red Book), FIDIC Conditions of Contract for Plant and Design/ Build the (New Yellow Book), FIDIC Conditions of Contract for EPC Turnkey Projects the (Silver Book), FIDIC Short Form of Contract the (Green Book). FIDIC Conditions of Contract (new edition) raised a higher requirement to the Parties concerned in the area of contract management. Although the FIDIC Conditions of Contract are not the law, the Conditions have been applied many times in many projects with loans by the World Bank, Asian Development Bank, and also the Governments because of the perfect system and content. With the global economy and the rapid development of China, the Chinese engineering has to take part in the international ones. However, the Chinese engineering rather drops behind as the reason of short history, weak economic background and so on. Therefore, it is necessary and meaningful to research the application of FIDIC Conditions of Contract in China.FIDIC Conditions of Contract the (99 new edition) have summed up the new discoveries and experience over the past hundred years in the area of engineering project management in the western developed countries. It provides the rights, obligation and responsibility for the parties concerned in the Contract execution and perfect system with the influence of Anglo-American Law. Therefore, FIDIC Conditions of Contract have been applied absolutely in perfect market and law conditions countries, but the situations of China is far behind. With the requirements of open tender, center position of the Construction Engineer for straight management and single contract for account of FIDIC Conditions of Contract, many problems can not be avoided to generate and limit the development of Chinese engineering.It is successful to research the application of FIDIC Conditions of Contract, especially the analysis the comparison between FIDIC Conditions of Contract and Chinese contract. Therefore, how to solve the conflicts and contradictions for the application of FIDIC Conditions of Contract to fit to the Chinese situations is rather weak, but it is more meaningful with the global trend and rapid development of Chinese economy in the author's opinion. Therefore, the author gives brief introduction of FIDIC Conditions of Contract, then analyzes the application of FIDIC Conditions of Contract in China, and advices to perfect domestic law, change the FIDIC Conditions of Contract to fit to Chinese situations and gives methods including to make clear the position of the construction engineer, to improve the mediation method for dispute and to attach importance to professional lawyer's suggestions to improve the application of FIDIC Conditions of Contract in China. With the strategy of"introducing to the World"and"Going out"coming to a new stage, the Chinese engineering ask the FIDIC Conditions of Contract tor FIDIC Conditions of Contract for guidance to promote domestic law and speed up the Chinese engineering development.