Monitor Prawniczy

no. 16/2013

Selected problems of applying FIDIC Conditions of Contract – Part I

Janusz A. Strzępka
Autor jest kierownikiem Katedry Prawa Gospodarczego i Handlowego Wydział Prawa i Administracji UŚ.
Wojciech Wyrzykowski
Autor jest adiunktem w Katedrze Prawa Gospodarczego i Handlowego Wydział Prawa i Administracji UŚ.
Abstract

For many years, various types of standard conditions of contract for the implementation of construction projects, developed by the International Federation of Consulting Engineers, have been used in international and domestic contracts (Federation Internationale Des Ingenieurs-Conseils: FIDIC). In the first part of this article, the general characteristics of these FIDIC contract conditions and the rules for applying them in Poland are outlined. The standard contract conditions (Rainbow Books) for the specifically enumerated types of contracts, known as the Red, Yellow, Silver, Green and Gold Book, are discussed. The presented considerations are generally focused on legal characteristics of major FIDIC contract conditions. Apart from the necessary extent and signalling certain issues, the issues of applying FIDIC contract conditions by state entities as contracting parties and the part of the State Treasury as a participant in construction disputes based on FIDIC contracts as well as issues of claims under FIDIC contracts, have been omitted. The article presents a detailed analysis of certain important institutions and solutions of FIDIC contract conditions in the context of the relevant provisions of our private law.