Study On The Adverse Physical Conditions In International Project Contracting

This article focuses on the adverse physical conditions in international project contracting.It starts from the definition of adverse physical conditions in FIDIC contracts.Then,it explores the distribution of risk liability under the adverse physical conditions.In the following chapters,it advises owners and contractors on the distribution of benefits for adverse physical conditions to improve the ability to resist risks in the international projects.The main text is divided into six chapters:The first chapter firstly introduces the concept of international engineering contracting.To get a simple conceptual definition,this article compares the terms of the adverse material conditions.The second chapter mainly contrasts the adverse material conditions,force majeure and difficult situation.It also compares the similarities and differences from the constitution and the legal consequence.The third chapter focuses on the risks of adverse physical conditions."Unforeseeable"and "experienced contractors" are also discussed.This article puts forward three questions about the risk allocation of adverse material conditions and puts forward analysis for the risk allocation of FIDIC silver book at the same time.The fourth chapter analyzes the cost claim and the claim for the duration.Other compensation schemes are proposed as a supplement to the rationality of the claim.The fifth chapter mainly analyzes the cases,with two claims failed and two successful cases to support the above point of view.The last part is sxummary and outlook.More and more people are hoped to devote themselves into the international project contracting to study the adverse physical conditions and to promote the healthy development of international projects.The development of our enterprises needs to be provided more risk protection.