Comparative Study On FIDIC Conditions For Construction Contract And The Standard Conditions For Construction In Guangdong Province

With the accelerate development of the world economic integration, internationalconstruction contracting market is increasingly open. With China’s entry into WTOand the implementation of “bringing in” and “going out” strategies, the scale ofChina’s market for contract projects and the cooperation areas are expandingincreasingly; meanwhile, the foreign consultation and design together with theengineering companies are gradually entering China’s huge construction market,“foreign projects” are on the increase in our country. Either in the process of “bringin” or of “gong out”, Chinese engineering contractors and the clients of the massiveprojects inevitably get involved in the contracts with international standard while theyare signing the project construction contract. This requires our contractors must getgood command of content and signing procedures in international projects contractsso as to adapt to the international convention and prevent risks effectively while theycontracted the abroad and domestic activities of international project.This paper selected the Standard Conditions for Constraction in GuangdongProvince (2009) which is newer in the national and Conditions of Contract forConstruction of FIDIC (1999) that is authoritative in the international to comparativeanalysis, the purpose lies in: on the one hand, reference the concept of compiling andmanagement thoughts of the best international contract text to improve the standardconditions text for constraction in Domestic. On the other hand, find the Similaritiesand differences between domestic and international standard contract text bycomparing, to make Chinese engineering contractors and the clients of the massiveprojects better maintenance their rights, and shift construction risk reasonable, thusavoid the loss that unnecessary.Firstly, this paper summarized the development and status quo of internationaland domestic standard contract text for construction, and analyzed the developmenttrends of international standard contract text for construction. Secondly, focus on2009standard contract in Guangdong province and FIDIC1999study and comparedeeply in general structure, application scope, schedule control, investment control,quality control, risk, insurance, claim, dispute, change, and contract termination bycomparative analysis method. Finally, giving the advice for improving the standardcontract in Guangdong province and the standard contract text for construction in ourcountry which is revising based on case summarizes the above-mentioned study.The research results of this paper have great significance reference to the standard contract text for construction in our country which is revising, and otherstandard contract text that will be compiled and revised in the future. Meanwhile ithelp contractors and owners to better understand the contents of FIDIC contract andGuangdong province contract conditions, thus enhance the practicability of contractand promote the level of project management.