What Advantages are Given to the Contractor by FIDIC?
The need for and the effectiveness of using FIDIC model forms based construction agreements are blamed, mostly, by contractors who consider them as one-sided, contradicting the laws, inconvenient, time-consuming and, in general, what are these documents intended for? (being used to working in traditional old way).
At the first glance, this criticism seems to be reasonable..
However, this does only seem at first!
An experienced and having long time worked with FIDIC forms contractor would always reply to the above: yes, it is time-consuming: yes, sometimes (from the point of view of traditional approach) it is inconvenient, but one can work well and, furthermore, if such documentation is prepared correctly, one can feel one's-self more protected than while working under traditional scheme; and, in fact (!), it may be possible to get additional benefits (within due limits, of course).
So what do FIDIC model construction agreements allow to contractors?
(a) clear assignment of rights and obligations;
(b) possibility to control both the availability of financial resources and continuing payments for work;
(c) availability of clear and transparent procedures and methods to increase earnings;
(d) protection against lawless acts by Employer;
(e) definite scheme for actions in various anticipated or unforeseeable cases;
(f) transparent procedures of prejudicial and extrajudicial dispute resolution;
(g) availability of Employer's performance guarantees.
Therefore when a FIDIC model form based contract has been signed, the Contractor shall receive guaranteed earnings as long as his work has been carried out with due care and endeavour.