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Forensic Claims Analysis

Non FIDIC based greement

In the Open Standard
Khawaja UddinMember for 20 years 8 months
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Hi All,
Just need to know that ..can FIDIC clauses be applied to a contract agreement which is not FIDIC based....It might look childish on my part to ask ..but i have to conyter a stuation ..where I m confident about my reply .
Hope to hear soon.
Rgds
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6 replies

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  1. 0
    Larry Rino ·
    #1
    Khawaja,
    Its a big NO... However, you can check "GOVERNING LAW" or "JURISDICTION" clauses in you contract, in case of diputes, arbitration and the like.
    Regards
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  2. 0
    Shahzad Munawar ·
    #2
    Absolutely ’No’.
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  3. 0
    Johny Kesserwany ·
    #3
    You can’t use any clause which is not in your contract.
    But in case you don’t have any clause for a specific issue, you can negotiate the solution based on FIDIC as a common rule of practice instead of trying to reinvent the wheel!!!

    Regards




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  4. 0
    Ashraf Alawady ·
    #4
    Hi,
    You can’t apply any clause which is not mentioned in your contract.
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  5. 0
    Abhijit Kale ·
    #5
    No,
    But if thr is any hint regarding, use of FIDIC in case of dispute or clarrification is given in a contract.
    then giving the same referance you can use the FIDIC.

    Cheers,
    Abhi
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  6. 0
    Soumendu Ghosh ·
    #6
    Hi Khwaja,
    I have a few questions for you:

    1. What is your Contract conditions based on, if it is not FIDIC(is it JCT ?)? Else, what?

    2.Which particular clause in FIDIC do you want to refer to and why?

    3. What does your corresponding clause in your contract state ?

    I feel if you can provide more details, our friends here will be in a better position to answer

    cheers
    Soumendu
    Report

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