Legal support of the project, support of FIDIC standards

Considerable experience in the implementation of projects of various complexity allows our company to effectively provide their legal support. Our lawyers, economists and engineers quickly solve all legal problems that arise for customers on the way to project implementation.

In addition to the use of standard forms of contracts, we have specialists who have passed accreditation in FIDIC (the International Federation of Consulting Engineers) and can use standard forms of contracts to regulate the relationships between investment participants construction processes in accordance with international requirements.

Currently, 9 forms of contracts (books) are most often used. The most common on the territory of Ukraine are the “Red Book” and “Yellow Book”.

So, “Conditions of Contract for Construction”, 1st edition of 1999 (new “Red Book”) establishes that the customer is responsible for the design with the involvement of a consulting engineer and the project team, who have the appropriate licenses. At the same time, the consulting engineer is the representative of the customer and coordinates the interaction between the customer and the contractor, as well as is responsible for the construction process and its compliance with design and regulatory requirements.

The “Conditions of Contract for Supply, Design and Construction”, 1st edition 1999 (new “Yellow Book”) provides that the design is carried out by the contractor in accordance with the requirements the customer The consulting engineer provides project management, coordinating his actions with the customer.

Each FIDIC book usually consists of two parts.

The first part – “General conditions of the contract” – legally verified provisions that are suitable for any construction project and can be included in the contract without or with minimal changes.< /span>

The second part – “Special conditions”, linked to the first part by cross-references, allows you to legally specifically take into account specific conditions arising from the requirements of national legislation and the specifics of the project. In this way, the contract implementation mechanism was implemented in different countries.

In order to avoid ambiguous interpretations, only one language is defined as the language of the contract – either English (the official language of FIDIC contracts) or the language of the country in which the project is implemented. At the same time, upon the agreement of the parties, for convenience, there may be an official translation of the contract.

Today, the mandatory use of standard forms of FIDIC contracts in Ukraine is usually established by the conditions of international financial organizations that provide funds for the implementation of investment projects in Ukraine.< /span>

The legal support of the project can also include:

• determining and agreeing with construction participants on a list of precautionary measures aimed at avoiding potentially controversial situations;
• participation in the pre-trial settlement of disputes that arise during the implementation of an investment and construction project;
• initiating the formation of bodies for pre-trial proceedings and settlement of disputes;
• developing and agreeing with the parties to the dispute on the regulations for handling disputes and the procedure for making decisions;
• studying the circumstances that led to the dispute and developing a dispute resolution strategy taking into account the rights and interests of the parties;
• preparation based on the results of the dispute review of the draft agreement on dispute resolution and providing it for signature by the parties to the dispute;
• if it is impossible to resolve the dispute through pre-trial proceedings, preparation on behalf of the customer of materials for resolving the dispute in court, including with the involvement of an arbitration court.< /li>