Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 21

An example of the Contract Data is given at the back of each of the 2017 forms in the section headed ‘Guidance for the Preparation of Particular Conditions’. As the brief notes accompanying the example explain, the Contract Data identify the specific information needed to be provided before the documents forming the Contract are complete and in order to avoid the default provisions to be found in some of the clauses of the general conditions taking effect. Thus the Contract Data, which are to be completed by the Employer in preparing the tender documents, set out each of the sub‐clauses of the general conditions which require such specific further information. So, for example, clause 1.1.20 defines ‘Cost Plus Profit’ to mean Cost plus the applicable percentage for profit stated in the Contract Data or, if not so stated, 5%; the first item in the Contract Data example sheet then refers to clause 1.1.20 and leaves a space to be completed by the Employer for identifying the specific percentage profit to be added to Cost. The Employer will ensure that this item is completed if he wishes to avoid the default 5% applying. Similarly, the second item in the Contract Data refers to clause 1.1.27, which requires the Defects Notification Period which is to apply to the Contract to be stated, failing which the default one‐year period will apply. Other Contract Data items include the time for completion, the governing law, the ruling language and a host of other important specific details which need to be addressed.