FIDIC Overview and Strategic Goals

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What is one of the strategic objectives of FIDIC?

To discourage the development of the engineering industry in developing countries

To support and promote young professionals as future leaders (correct)

To limit the exchange of information among members

To diminish the role of consulting engineers in society

Which year was FIDIC founded?

1930

1913 (correct)

1950

1900

What is NOT included in FIDIC's main activities?

Publishing international standard forms of contracts

Arranging seminars and conferences

Promoting professional interests of Member Associations

Training individuals outside the engineering field (correct)

Which statement about FIDIC's Code of Ethics is false?

It demands professional incompetence Signup and view all the answers

How does FIDIC aim to enhance the image of consulting engineers?

By promoting their role as wealth creators in society Signup and view all the answers

What aspect of environmental responsibility does FIDIC promote?

Commitment to environmental sustainability Signup and view all the answers

Which of these is NOT a benefit of FIDIC membership?

Regulatory support from local governments Signup and view all the answers

Which statement does not accurately reflect FIDIC's purpose?

It aims to restrict access to engineering information Signup and view all the answers

What is the primary role of a DAAB or DAB in a construction contract?

To act as an impartial third party for dispute resolution Signup and view all the answers

Which of the following statements best describes the decision-making process of a DAAB/DAB?

They provide provisional resolutions that can lead to formal arbitration if necessary. Signup and view all the answers

What is a potential outcome if a Party is dissatisfied with a DAAB/DAB decision?

They can issue a Notice of Dissatisfaction and pursue arbitration. Signup and view all the answers

How does having an independent DAAB/DAB benefit the construction project management process?

It enhances communication and promotes early resolution of disputes. Signup and view all the answers

According to the content, when can arbitration be delayed in relation to project completion?

Until the project is fully completed. Signup and view all the answers

What is one of the main purposes of selling FIDIC publications?

To create revenue for FIDIC and its Member Associations Signup and view all the answers

What does FIDIC require before allowing the modification of its publications?

Exceptional circumstances must be evidenced Signup and view all the answers

Which of the following is true regarding the use of FIDIC publications?

Authentic publications ensure the user’s business interests are safeguarded Signup and view all the answers

What does FIDIC aim to ensure through its contracts and agreements?

Balanced and equitable conditions of contract Signup and view all the answers

What must a user do to quote from a FIDIC publication legally?

Address the request to the FIDIC Secretariat Signup and view all the answers

What is required for a license to prepare a modified or adapted publication of a FIDIC document?

The modified publication must be for internal purposes only Signup and view all the answers

How does FIDIC ensure users benefit from the latest updates in publications?

By regularly updating and reissuing publications Signup and view all the answers

What type of rights does the purchase of a FIDIC publication confer to the buyer?

No intellectual property rights whatsoever Signup and view all the answers

Which of the following actions regarding FIDIC publications is discouraged?

Modification of the original content Signup and view all the answers

What aspect of FIDIC publications is crucial for businesses relying on them?

The authenticity of the publications Signup and view all the answers

What right does a purchaser have concerning FIDIC publications?

To make a single copy for personal and private use. Signup and view all the answers

Which of the following actions is permitted in the use of FIDIC documents for internal purposes?

Using text from FIDIC publications to draft Particular Conditions. Signup and view all the answers

What does FIDIC state regarding its publications?

They are provided 'as is', without warranties of any kind. Signup and view all the answers

What should one obtain before entering into a contract according to FIDIC guidelines?

Expert legal advice when appropriate. Signup and view all the answers

What type of changes can users make to the forms provided by FIDIC?

Users can reproduce and complete forms for internal distribution. Signup and view all the answers

What does the term 'Contract Participants' refer to in FIDIC documents?

All individuals named in the FIDIC contract. Signup and view all the answers

Which FIDIC acronym represents the board aimed at avoiding disputes?

DAAB Signup and view all the answers

What is a restriction placed on the reproduction of FIDIC documents?

Only single copies can be made for private use. Signup and view all the answers

Which principle indicates that FIDIC does not assume liability for the use of its publications?

Disclaimer of liability or responsibility. Signup and view all the answers

How are forms provided by FIDIC expected to be handled by purchasers or users?

They may be completed and distributed internally. Signup and view all the answers

What must be done with all agreements and understandings between the Employer and the Contractor during the Tender period?

They must be recorded and incorporated into the Contract by Addenda. Signup and view all the answers

Which of the following would NOT comply with GP2?

Deleting a GCs provision and stating 'not used' in the PCs. Signup and view all the answers

What is a key principle of GP3 regarding the Particular Conditions?

They should not change the established risk/reward balance found in the GCs. Signup and view all the answers

What must happen if modifications made during the Tender negotiations are documented solely in emails?

They must be included in the Particular Conditions to avoid conflicting provisions. Signup and view all the answers

What is the significance of clearly stating that a PCs Sub-Clause replaces a part of a GCs Sub-Clause?

To prevent any misunderstanding regarding contract obligations. Signup and view all the answers

Which of the following is an acceptable requirement under GP3?

The Employer must provide subsurface data relevant to the Site before the Base Date. Signup and view all the answers

What is the rationale behind having a PCs Sub-Clause amend a GCs Sub-Clause?

To maintain consistency and clarity in obligations. Signup and view all the answers

What should be the focus when replacing GCs with PCs in a contract?

Ensuring all roles and responsibilities remain clearly defined. Signup and view all the answers

What is the potential issue with prioritizing Contract documents specified in the FIDIC Contracts?

It can lead to GCs provisions prevailing over intended modifications. Signup and view all the answers

What is the implication of failing to clearly relate PCs Clauses to GCs?

It may result in confusion regarding responsibilities and risks. Signup and view all the answers

Study Notes

FIDIC Background

FIDIC is an international federation of national Member Associations of consulting engineers.
It was founded by three European national associations of consulting engineers in 1913.
FIDIC's objectives include promoting professional interests of member associations and disseminating information to its members.
Today, FIDIC membership represents over 90 countries globally, predominantly encompassing private practice consulting engineers.

FIDIC Strategic Objectives

FIDIC represents worldwide the majority of firms involved in technology-based intellectual services for the built and natural environment.
FIDIC assists its members with business practices.
FIDIC defines and promotes a code of ethics for its members.
FIDIC works to enhance the image of consulting engineers as key leaders and wealth creators.
FIDIC promotes the commitment to environmental sustainability.
FIDIC supports and promotes young professionals as future leaders.

FIDIC Activities and Initiatives

FIDIC organizes seminars, conferences, and other events to achieve its goals.
These goals include:
- Maintaining high ethical and professional standards
- Facilitating the exchange of views and information
- Discussing problems of mutual concern among member associations and international financial institutions
- Developing the consulting engineering industry in developing countries

FIDIC Code of Ethics

FIDIC members endorse statutes, policy statements, and the Code of Ethics.
The Code of Ethics emphasizes:
- Professional competence
- Impartial advice
- Open and fair competition

FIDIC Publications

FIDIC publishes international standard forms of contracts for works, including:
- Short Form
- Construction
- Plant and Design-Build
- EPC/Turnkey
FIDIC publishes agreements for:
- Clients
- Consultants
- Sub-consultants
- Joint ventures
- Representatives
FIDIC publishes standard pre-qualification forms.

FIDIC Publications and Intellectual Property

FIDIC actively promotes the use of its publications and their translations.
Revenue generated from the sale of FIDIC publications supports FIDIC and its member associations.
FIDIC regularly updates and reissues publications to reflect best practices.
FIDIC does not grant any intellectual property rights through the use of its publications.
FIDIC discourages modifications to its publications, and permission to quote, reproduce, or copy is required from the FIDIC Secretariat.

FIDIC Golden Principles (GPs)

The FIDIC Golden Principles (GPs) are intended to ensure the integrity of FIDIC Contracts and promote fair and balanced conditions.
GPs are intended to be implemented through the Particular Conditions (PCs) of Contract.

GP1: The Particular Conditions should not alter the intended roles, duties, obligations, and rights of the parties defined in the FIDIC General Conditions (GCs).

Key exceptions include:
- Compliance with mandatory Laws
- Incorporation of changes agreed upon by the parties during the tender period that were reflected in an Addendum or Contract Agreement

GP2: Any deletions of GCs should be replaced with clarifying and comprehensive provisions in the PCs.

The following do not comply with GP2:
- Deleting a GCs provision and simply replacing it with "not used"
- Failure to provide clear instructions on how the PCs Clauses relate to the GCs
- Modifying the Conditions of Contract during Tender negotiations solely through emails without incorporating those modifications in the PCs

GP3: The Particular Conditions should not change the balance of risk/reward allocation established in the GCs.

Examples of proper application of GP3:
- Requiring the Contractor to design minor parts of the Works under a Red or Pink Book contract
- Requiring the Employer to provide the Contractor with all relevant data on sub-surface and hydrological conditions at the Site prior to the Base Date

GP4: The Employer is required to appoint an independent Dispute Avoidance/Adjudication Board (DAAB) or full-term Dispute Adjudication Board (DAB) to resolve disputes during the project execution.

Benefits of a DAAB/DAB:
- Conflict of interest avoidance
- Promotes early resolution of disputes
- Maintains communication between parties
- Assists in avoiding disputes
- Provides provisional resolution of disputes
- Enables parties to plan future activities based on reasoned decisions

Guidance for Drafting PCs

Minor additions or grammatical changes to the wording of a GCs Sub-Clause without altering its intent are acceptable.
Changes to comply with mandatory Laws are acceptable, as they are consistent with the GCs Sub-Clause 1.13 (Sub-Clause 1.12 in 2017 Silver Book).

FIDIC Task Group TG15

FIDIC Task Group TG15 was established in 2014.
Its purpose is to develop and issue guidance on the "FIDIC Golden Principles", as well as to ensure consistency across FIDIC publications.

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Description

This quiz explores the background and strategic objectives of FIDIC, the International Federation of Consulting Engineers. Learn about its founding, membership, and commitment to promoting ethics and sustainability in the engineering field.