Oddaja gradbenih in investicijskih del po pravilih FIDIC

slovenian

2013

volume 39, issue 5

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The article initially points out that business practice creates different forms for construction of buildings, civil engineering and other objects. All of them are not regulated by the Code of Obligations as special contract types. The FIDIC rules, particularly FIDIC Red, Yellow and Silver book, therefore facilitate the conclusion and implementation of contracts associated with the construction and other works. The article subjects FIDIC rules in all three books to the rules of the Code of Obligations on the general conditions of the contract and then describes in which circumstances each conditions may be used. Under Red book the contractor constructs the works in accordance with a design provided by the employer or his representative. Under Yellow and Silver book contractor has the responsibility for design and work performance. However, plan and work performance have to be in accordance with the employer's requirements. In contrast with the Yellow book, under Silver book employer takes total responsibility for the design and execution of the project. In principle FIDIC conditions are not contrary to the mandatory legal rules. When FIDIC general conditions are incorporated into the contract, it is essential for the parties to be well aware of the rules, because rights and obligations in FIDIC rules sometimes fundamentally differ from the ones prescribed by the Code of Obligations.

18.01.2017