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Analysis model contracts (99) Red Book , for example in the field of construction projects in China

Author: JiangHong
Tutor: DongMaoYun
School: Fudan University
Course: Legal
Keywords: Model contracts Construction projects FIDIC99 version Redbook
CLC: F284
Type: Master's thesis
Year: 2011
Downloads: 67
Quote: 0
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Abstract


The progress of a construction project requires the participation of many social organizations, in practice, the use of contracts to adjust the rights and obligations of the parties in the project. And the combination of legal and industry standards, technical guidelines for the demonstration contract has become one of the important means of contemporary project specification. Many popular model contract developed by the International Engineers FIDIC the series text is the world's widest range of applications, the most influential model contract. This article will be a comprehensive analysis of the prospects for China's construction the legislative status quo and FIDIC99 of version the Redbook in our application status, model contract to analyzing engineering applications in the field of building projects in China and development. The first chapter of this paper expounded China's foreign-related construction projects the Contract legislation in the field, and the status of legislation in the field of non-foreign-related construction contract. Situation in the foreign-related projects, mainly to discuss the problem of the convergence of international practice, international law and domestic law in the field of construction works; effectiveness level of our existing legislation in accordance with the summarized empirical perspective in a non-foreign engineering situations. This section also inclusive introduction of the generic construction contracts in the domestic and international model text highlighting the FIDIC Series contract, given the the FIDIC contract series lateral, longitudinal frame, and a brief FIDIC99 version Redbook in our situation. The second chapter of this article first interpret FIDIC99 version of the Red Book for the owners, the contractor and the engineer rights obligations allocated Terms. Redbook framework of rights and obligations is placed in the field of the legal system of China's construction contract and construction industry in China habits conditions under analysis and try to make some suggestions to build the framework of model contractual rights and obligations in the field of building projects in China. The third chapter describes the the engineering change mechanism FIDIC99 version Redbook unavoidable accident in the performance of the contract set risk-sharing mechanisms, as well as claims mechanism. When the the localized modifications circumstances of the the normal emergence contract management within the rights and obligations of the time, the situation in accordance with the contract engineering change processing; occur beyond the normal contract management can deal with the problem, in accordance with the contract risk sharing system the distribution of rights and obligations; parties rights and obligations in FIDIC 99 edition Red Book is not only to make the convention of the state ought, also based on the development of industry habit claims system requirements to ensure the effective implementation of the aforementioned two systems through a rigorous process to ensure the performance of the contract accidents rational allocation. The part of not only this three mechanisms are introduced, the same place in the Chinese environment analysis, analysis of model contracts parse through the practical application of the case, the Chinese construction sector. The purpose of this article elaborate, it is hoped that through the interpretation and application of the analysis of the terms of the contract of excellent demonstration FIDIC99 version Redbook, and improve the quality of the model contracts in the field of building projects in China.

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