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FIDIC Contracts Law and Practice




8.1 Chapters 3, 4 and 5 are concerned with the obligations of the Parties in respect of the product, price and time respectively. Chapters 6, Contract Administration and Claims, considers principles and procedures for operation of the Contract. Chapters 7, Risk, Insurance and Securities, sets out the contractual and other mechanisms by which the Parties allocate and manage certain risks. This chapter identifies the remedies available to the Parties under the FIDIC forms. ‘Remedy’ for the purposes of this chapter refers to a ‘means of removing or counteracting or relieving any harm’ accruing or potentially accruing to one of the Parties. The many contractual obligations and entitlements, therefore, do not come within the scope of this chapter because their purpose is not to set right or avoid some negative outcome. However, to obtain a full appreciation of the scope of the opportunities open to the Parties, an inclusive approach to the courses of action available to them under the FIDIC forms has been required.

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