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The Law School

BSM135
International Construction Contracts
Topic 2: Introduction to FIDIC
and the Old Red Book
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Topic Activities

Read the following scenarios carefully and answer the questions that
follow:
1. The Qatar World Cup development committee (the committee) has entered into
a contract for the creation of dual carriage roads linking its Stadiums to major town
centres. The international construction company CCL are the Contractors. The Old
FIDIC Red Book 4th edition is adopted (without amendments to Part 1 terms) as the
construction contract for the project. US Engineering Firm Peter and May
Consultants have been appointed the Engineers for the project. The committee is
increasingly dissatisfied with the decisions being made and actions being taken by
the Engineers for the project. On the other hand, CCL have found Peter and May
to be competent. The committee wants to replace Peter and May consultants
and/or stem the tide of unfavourable decisions. Provide a considered opinion on
the rights of the committee in the circumstance. Your opinion should cover all
possible contractual mechanisms available to the committee.

2 . Recently, the Organising Committee has been asked by the Government of

Qatar to develop a back-up venue for the tournament in a fairly underdeveloped
region of the country. The infrastructure required include a new stadium, training
pitches, accommodation facility for teams and supporters and a new health facility.
To ease commuting challenges in this region, the government is happy to have in
place new roads and rail links connecting the local airport with the venue and on
time for the tournament. Due to the limited timeframe, the government is ready to
provide the needed financial resources but cannot commit technical staff since most
of them are already deployed on other projects.

Considering the facts above and your knowledge of the legal and
contractual provisions of the three major books of the Old FIDIC forms
we have examined so far, advise the Organising Committee on the
most suitable type of contract form to use for this group of projects.
Give reasons for your answer highlighting the advantages of your
preferred contract form over the other Books.

[Word limit: 400 words for both questions – answers can be in bullet points]

[Please note that both stories are fictional – your answers should be based on the
facts provided here].