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Client/Consultant. MODEL SERVICES AGREEMENT. General Conditions. Fourth Edition FIDIC LICENCE - PRINT UNTIL END - MINISTRY OF. FIDIC Client / Consultant Model Services AgreementFourth Edition FOREWORD. Client/Consultant Model Services Agreement (White Book) 4th Ed, Printed; Downloadable PDF; iPad Tablet version White Book Guide with other Notes on Documents for Consultancy Agreements (4th Ed, ) in German. (the White Book) highlighting issues of practical importance to consultants and a copy of the Client/Consultant Model Services Agreement (4th edition ).

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FIDIC White Book General Conditions - Download as PDF File .pdf), Text File ( FIDIC) extends special thanks for the preparation of this Fourth Edition of. Fidic White Book Free Download PDF - Free download as PDF File .pdf), Text Hi I need a copy of the FIDIC White Book 4th Edition ClientConsultant. The FIDIC Contracts: Obligations of the Parties the FIDIC Client/Consultant Model Services Agreement (the White Book), Fourth Edition

FIDIC Client-Consultant Model Agreement 2006 - Full (White Book 4th Edition)

OLicensed copy: Services means the services defined in Appendix 1 [ Scope of Services ] to be performed by the Consultant in accordance with the Agreement which comprise Normal Services, Additional Services and Exceptional Services.

Works means the permanent works if any to be executed including the goods and equipment to be supplied to the Client for the achievement of the Project.

Client means the Party named in the Agreement, who employs the Consultant, and legal successors to the Client and permitted assignees.

Consultant means the professional firm or individual named in the Agreement, who is employed by the Client to perform the Services, and legal successors to the Consultant and permitted assignees.

Commencement Date means the date stated in the Particular Conditions. Time for Completion means the time period stated for this purpose in the Particular Conditions. Agreed Compensation means additional sums as defined in Appendix 3 [ Remuneration and Payment ] which are payable under the Agreement.

The singular includes the plural, and vice-versa where the context requires. If there is a conflict between these documents, the last to be agreed shall prevail, unless otherwise specified in Part B of the Particular Conditions.

Words indicating one gender include all genders. Whenever provision is made for the giving or issue of any notice, instruction or other communication by any person, unless otherwise specified such communication shall be written in the language stated in the Particular Conditions and shall not be unreasonably withheld or delayed.

O CT NT C A RUE SIf after the date of the Agreement the cost or duration of the Services is altered as a result of changes in or additions to the laws or regulations in any country in which the services are required by the Client to be performed the agreed remuneration and time for completion shall be adjusted accordingly.

The Consultant shall not assign the benefits, other than money, from the Agreement without the written consent of the Client. Neither the Client nor the Consultant shall assign obligations under the Agreement without the written consent of the other Party. The Consultant shall not initiate or terminate any sub-contract for performance of all or part of the Services without the written consent of the Client.

Delivery can be by hand or facsimile message against O written confirmation of receipt or by registered letter or by telex a OO subsequently confirmed by letter.

Publication shall be subject to approval of the Client if it is within two years of completion or termination of the Services. The Consultant hereby represents, warrants and covenants that he will neither receive nor offer, pay or promise to pay either directly or indirectly, anything of value to a public official as defined below in connection with any business opportunities which are the subject of this Agreement.

Furthermore, the Consultant shall notify the Client immediately in writing with full particulars in the event that the Consultant receives a request from any public official requesting illicit payments.

A public official is: The ClientIn order not to delay the Consultant in the performance of the Services, the Client shall within a reasonable time give to the Consultant free of cost all information which may pertain to the Services which the Client is able to obtain.

If the Client intends to make any material change to his financial arrangements, the Client shall give notice to the Consultant with detailed particulars. In connection with the provision of the Services such personnel shall take instructions only from the Consultant. If the Client cannot supply Clients personnel for which he is responsible and it is agreed to be necessary for the satisfactory performance of the Services, the Consultant shall arrange for such supply as an Additional Service.

The Client shall designate an official or individual to be his representative for the administration of the Agreement. Services of OthersThe Client shall at his cost arrange for the provision of services from others as described in Appendix 2 [ Personnel, Equipment, Facilities and Services of Others to be Provided by the Client ], and the Consultant shall co-operate with the suppliers of such services but shall not be responsible for them or their performance.

Exceptional Services are those which are not Normal or Additional Services but which are necessarily performed by the Consultant in accordance with Clause 4. Where the Services include the exercise of powers or performance of duties authorised or required by the terms of a contract between the Client and any third party, the Consultant may: Supply of PersonnelThe personnel who are proposed by the Consultant to work in the Country shall be subject to acceptance by the Client with regard to their qualifications and experience; such acceptance shall not be unreasonably withheld.

If required by the Client, the Consultant shall designate an individual to liaise with the Clients representative in the Country. The cost of such replacement shall be borne by the Consultant except where the replacement is requested by the Client, and in such case: Commencement, Completion, Variation and Termination4.

The preparation and submission of such proposals shall be an Additional Service.

The Consultant shall not be required to commence the varied Services until such time as the Client has given his written approval of the fees associated with the varied Services.

O a Licensed copy: If a satisfactory response is not received within 21 days the Client may by a further notice terminate the Agreement provided that such further notice is given within 35 days of the Clients former notice.

After giving at least 14 days notice to the Client, the Consultant may, by a further notice of at least 42 days, terminate the Agreement, or at his discretion, without prejudice to the right to terminate, may suspend or continue suspension of performance of the whole or part of the Services: O Cwhen 28 days after the due date for payment of an invoice he has not received payment of that part of it which has not by that time been contested in writing; or when Services have been suspended under either Clause 4.

The performance of Exceptional Services shall entitle the Consultant to extra time necessary for their performance and to payment for performing them. After termination of the Agreement, the provisions of Clause 6. Unless otherwise agreed in writing the Client shall pay the Consultant in respect of Exceptional Services: Where the Client has required the Consultant to appoint selected consultants as the Consultants sub-consultants, fees owed to those sub-consultants shall be due to the Consultant in addition to the Consultants own fees.

Practical Law

If the Consultant does not receive payment within the time stated in Clause 5. Such Agreed Compensation shall not affect the rights of the Consultant stated in Clause 4. If no such notice of an intention to withhold payment is given then the Consultant shall have an enforceable contractual right to such payment. Clause 5. Except where the Agreement provides for lump sum payments, not later than 12 months after the completion or termination of the Services, the Client can, at notice of not less than seven days, require that a reputable firm of accountants nominated by him audit any amount claimed by the Consultant.

The audit shall be conducted by attending during normal working hours at the office where the records are kept. FIDIC If it is considered that either Party is liable to the other, compensation shall be payable only on the following terms: This limit is without prejudice to any Agreed Compensation specified under Clause 5.

If either Party makes a claim for compensation against the other Party and this is not established the claimant shall fully reimburse the other for his costs incurred as a result of the claim. O CT NT C A RUE SSo far as the law governing this Agreement permits, the Client shall indemnify the Consultant against the adverse effects of all claims including claims by third parties which arise out of or in connection with the Agreement including any made after the expiry of the period of liability referred to in Clause 6.

Any increase or variation in such insurances arising under this Clause 7. O Cagainst loss or damage to the property of the Client supplied or paid for under Clause 2. Disputes and ArbitrationIf any dispute arises out of or in connection with this Agreement, representatives of the Parties with authority to settle the dispute will, within 14 days of a written request from one Party to the other, meet in a good faith effort to resolve the dispute.

If the dispute is not resolved at that meeting, the Parties will attempt to settle it by mediation in accordance with Clause 8.

Should the Parties be unable to agree within 14 days of a notice from one Party to the other requesting mediation then either Party may request that a mediator be appointed by the President of FIDIC.

The mediation will start not later than 21 days after the date of the notice.

The mediation shall be conducted in accordance with the procedures required by the appointed mediator unless stipulated otherwise in the Particular Conditions.

If the procedures are stated in the Particular Conditions, then the appointed mediator shall be required to follow those procedures but shall at any time be able to propose to the Parties for their joint approval any alternative procedures.

If the Parties accept the mediators recommendations, or otherwise reach agreement on the resolution of the dispute, such agreement shall be recorded in writing and, once signed by the designated representatives, shall be binding on the Parties. Such opinion shall not be used in evidence in any concurrent or subsequent proceedings, without the prior written consent of both Parties. These obligations include, by default, an express fitness for purpose warranty.

Contractors were often surprised by how exposed they were and that, according to FIDIC , it was inappropriate for a consultant to give the same kind of standard of care warranty as a contractor undertaking design work. This attachment to the old English common law position seems somewhat antiquated in the context of modern procurement practice.

The casual inclusion of what common law lawyers would recognise as a net contribution clause. A one-way indemnity in favour of the consultant for third party claims. Interestingly it is evident from the preamble that the appropriate standard of care was a major source of negative feedback on the old version and therefore an issue the working group for the new version had to research thoroughly.

eBook FIDIC Client/Consultant Model Services Agreement download | online | audio id:oc3z77c

However, clause 1. It seems harsh for the consultant to have such a draconian self-help remedy before that question is resolved. In theory, it is a nice idea to introduce a requirement for suitability and functionality in design, but it is rather unclear what it is supposed to mean in practice. Good luck to whoever argues the point either way. Gone is the restricted limitation of all liability for damages to breaches of the diluted standard of care.

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It is replaced by reciprocal provisions saying that one party is liable to the other for any breach of any provision of the agreement. These seem completely unnecessary, other than, perhaps, to underscore the inappropriateness of the former position.

The net contribution language still exists, but clients can take comfort from the fact that, in contrast to the previous position, they now have a fighting chance of holding a poorly performing consultant liable for its defaults.Any changes provided by the Charles Molineaux. The clauses of general application have been grouped together in this document and are referred to as General Conditions.

If a satisfactory response is not received within 21 days the Client may by a further notice terminate the Agreement provided that such further notice is given within 35 days of the Client's former notice. In addition, they were surprised at the sheer volume of amendments required to protect their legitimate interests.

The General Conditions are linked with the Particular Conditions by the corresponding numbering of the clauses, so that General Conditions and Particular Conditions together comprise the conditions governing the rights and obligations of the parties.

TRISHA from Vermont
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