99 Edition Of Red Book, For Example, Analysis Of Model Contracts In The Field Of Construction Engineering

Construction project requires attendance of many parties, where contract is widely used to regulate rights and obligations of each party in practical. Under the condition, model contract, which combine legal, industry standards and technical guidelines, has become an important part of contemporary standard management. Among popular model contracts, the FIDIC series of texts made by Federation Internationale des Ingenieurs Conseils is the most popular one, which has the most influential power.The paper intend to analysis of the construction legislative in China and the current situation of application of FIDIC99 Red Data Book in China, attempting to give conclusion of the application of the model contract in construction engineering in China.The first chapter describes respectively current situation of legislation of construction contract of foreign and legislation of construction contract of non-foreign. In the case of foreign construction project, the paper focus on the relationship among international practices in construction engineering, international law and domestic law the question of convergence; in the case of non-foreign construction projects, an empirical method is appointed to analyze the effectiveness of existing valid legislation. This section also introduce popular domestic and foreign construction model contracts, which give a clear background of FIDIC99 Red Book.The second series of chapters will describe the division of the rights and obligations among owners, contractors and engineers in the FIDIC99 Red Book. Meanwhile this section try to place the rights and obligations frame in the legal system and construction industry situation of China and analyze, trying to give some recommendations on the issue how to build the proper framework of rights and obligations of model contract which can meet the need of construction industry in china.This third chapter describes engineering change mechanism, risk-sharing mechanisms and the project claims mechanism, which appointed by the FIDIC99 Red Book for the situation when the inevitable accidents, happens during performance of projects.In the condition that project changes in the scale of normal management of the original contract happen, engineering change mechanism will work, when the situation beyond the normal contract management happen, the risk-sharing system will carry out to assign the rights and obligations among the parties; FIDIC99 Red Book not only state agreement, but also set project claims mechanism based on industry custom, which ensures the effective implementation of the above two systems and finally achieve a reasonable distribution of rights and obligations among the parties, through a rigorous process required to ensure contract performance accident. This section not only describes these three mechanisms, it also analyzes practical application of FIDIC99 Red Book in the environment of China.The main purpose of this article is giving some effective suggestions to improve the role of model contracts in the field of construction works, through the introduce of model contract like the FIDIC Red Book and the discussion of application of contract terms.