Maintenance of FIDIC contracts
A balanced distribution of risks is the key to success in the construction industry. FIDIC contracts are based on the principle that the effective allocation of risks should be based on the principle that the risk must be carried by the participant who best able to control it.
Under FIDIC contracts, risk management is of primary important and each risk must be attributed to one or the other side.
Many years of practice showed that an intelligent and balanced distribution of risks provides the lowest total cost of completed projects.
In this regard, the participants in contracts concluded by FIDIC proformas must first understood and assess their own risks beforehand, and understand the possible consequences for unsatisfactory construction quality and untimely performance of works due to the non-consideration of unforeseen risks.
Law firm “Instanto” provides qualified legal assistance, but not limited to:
– implementation of examination of tender and contract documentation of FIDIC;
– full legal support of the project during the execution of work on the basis of contracts concluded by the FIDIC proformas;
– organization of examinations, the necessity of which will arise, while fulfilling the conditions of the contracts made by the FIDIC proformas;
– participation in the processes and procedures from the beginning of the robot to the receipt of the act (certificate) on the execution of contracts concluded by the FIDIC proformas;
– Compliance with and control over compliance with the procedures provided for contracts concluded under the FIDIC proformas;
– everyday monitoring of work under contracts executed under the FIDIC proformas;
– monitoring and prior assessment of risks in accordance with FIDIC procedures.
Law firm “Instanto” carries out, but is not limited to:
– analys of risks during work on FIDIC procedures at the stage of preparation of the project in the field of investment and construction activities using the FIDIC proformas;
– Testing and providing suggestions to determine the reliability and integrity of partners when contracting FIDIC proformas, which jeopardizes quality, timing and completion of projects;
– study of the socio-political situation in the area of proposed construction and its possible negative consequences on the contracts made by the FIDIC proformas;
– study of the market;
– assessment of the workforce (local and involved) to work on the implementation of contracts concluded by the FIDIC proformas;
– assessment and verification of subcontractors who are invited to work on the FIDIC proforma;
– preparation of proposals to minimize the consequences of identified risks in the implementation of contracts concluded by the FIDIC proformas.
Comments and consultations
The law firm “Instanto” provides comments and advice, but not limited to:
– provisions of the General Conditions of the FIDIC Contract;
– conformity of the text of the contracts concluded on the basis of FIDIC protocols, with the legislation of Ukraine;
– provisions of the Special Conditions of FIDIC contracts in terms of Ukrainian Legislation;
– work under FIDIC proformas, FIDIC-based procedures and proformas.
Representation of interests in the proceedings of disputes
Law firm “Instano” provides qualified legal assistance, but not limited to:
– preparing proposals for changes and adjustments to FIDIC procedures;
– preparation of claims (claims) to the engineer and / or the customer, the contractor in accordance with the FIDIC protocols;
– representation of interests in commercial courts of Ukraine in resolving disputes related to the implementation of contracts concluded under the FIDIC pro forma;
– execution of decisions of domestic economic courts based on the results of consideration of disputes related to the implementation of contracts concluded under the FIDIC proformas.