Beruflich Dokumente
Kultur Dokumente
03 AMBIGUITIES / DISCREPANICIES
CASE STUDIES
04
• Malaysia THAILAND
• Myanmar MALAYSIA
• Philippines SINGAPORE
• Singapore
INDONESIA
• Thailand
• Vietnam
1.General provisions
2.The employer
3.The employer’s administration
4.The contractor
5.Design
6.Staff and labour
7.Plant, materials and workmanship
8.Commencement, delays and suspension
9.Tests on completion
10.Employers taking over
11.Defects liability
12.Tests after completion
13.Variations and adjustments
14.Contract price and payment
15.Termination by employer
16.Suspension and termination by contractor
17.Risk and responsibility
18.Insurance
19.Force Majeure
20.Claims, disputes and arbitration
4.11 Sufficiency of Contract Price “Unless otherwise stated in the Contract, the
Contract Price covers ….”
https://www.jica.go.jp/activities/schemes/finance_co/procedure/guidelin
e/pdf/check_e.pdf
Note the research from JICA is in the context of the FIDIC Red Book The MDB Edition is a
further revision of the 1999 Edition for projects to be financed by the Multilateral
Development Banks. It has basically the same structure as the 1999 Edition. The name “Red
Book” is associated with the colour of its binding cover which is basically red.
(i) lack of the Employer’s understanding about the terms and conditions
including appropriate allocation of rights and obligations
(iii) lack of the time and cost required for creating the Contract Documents;
and
Clause 19.1:
(b) which such Party could not reasonably have provided against before entering into
the Contract,
(c) which, having arisen, such Party could not reasonably have avoided or overcome,
and
”Event
“Event hindering
preventing performance of
performance
Drafting of contract”
of contract” the clause is Rendering
Rendering performance
performance KEY more or less
impossible difficult, but not
impossible
✓
with Precise Development Pte by virtue of… necessarily render
Ltd (“Precise Development”) to shortage of performance impossible.
Holcim supply RMC, but was deprived of material… or any
sand required to make RMC other factors… Courts found that the contract
when the Indonesian government beyond the control of had been disrupted, given that
banned sand exports in 2007. the Supplier.” Holcim faced several
(emphasis added) difficulties which would place it
in a “commercially
impracticable situation”.
lip.san.soh@rajahtann.com
www.rajahtannasia.com