Prawo Zamówień Publicznych

no. 4/2014

FIDIC contractual conditions -- general outline

Wojciech Wyrzykowski
jest adiunktem w Katedrze Prawa Gospodarczego i Handlowego na Wydziale Prawa i Administracji Uniwersytetu Śląskiego
Abstract

The FIDIC terms have been shaped as a result of long-time studies and experience as regards construction contracts, both private and public, as specific standards to be used mainly in cross-border relationships, especially with the participation of ordering authorities from developing countries. The eliminated many barriers and alleviate various differences between states in the regulations concerning those economically important contracts. They reflect modern standards concerning fundamental rights and obligations of the parties and conditions of contractual liability in accordance with the principle of domination. For obvious reasons, they became a matter of greater interest in Poland in the 1990s, following the transformation of the economic system. However, there are certain differences as compared with the EU solutions as well as the Polish public procurement law, which require exceptions in at least over a dozen issues. Nonetheless, this does not make FIDIC conditions no less useful when planning public procurement contracts.