Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 28

1 1 The Base Date is defined in clause 1 of both editions of all three Books as 28 days before the latest date for submission of the tender.

2 2 ‘Unforeseeable’ is defined in clause 1 of the three 2017 Books to mean ‘not reasonably foreseeable by an experienced contractor by the Base Date’.

3 3 In the 1999 Red Book (clause 4.1), where the Contractor is, under the Contract, to design any part of the works then that part when completed must be fit for such purposes as those for which the part is intended as specified in the Contract. In the 2017 edition, the purposes are to be as specified in the Contract or, where they are not so defined and described, their ordinary purposes.

4 4 See Section 5.1.4 for a fuller discussion of errors in Employer's Requirements in the Yellow Book.

5 5 See Section 13.2.1 .

6 6 The 2008 Gold Book had introduced a fitness for purpose indemnity in the second paragraph of clause 17.9. This indemnity, as in the pre‐release Yellow Book, is excluded from the general exclusion of indirect or consequential loss in clause 17.8 of the Gold Book; but is within the overall liability cap (second paragraph of clause 17.8). The pre‐release Yellow Book thus followed the Gold Book in introducing a Contractor's fitness for purpose indemnity, but went beyond it by excluding the indemnity from both the indirect loss exclusion and the overall liability cap.

7 7 See Section 2.8.2 .

8 8 See Section 2.8 .

9 9 See Section 12.1.3 .

10 10 See Section 7.6 .

11 11 See Section 9.2 .

12 12 See Section 13.1.3 .

13 13 See Section 13.2.3 .

14 14 See Section 12.2.2 .

15 15 See Section 9.4 below.

16 16 See Section 11.3.1 .

17 17 See Section 11.4.1 .