Unfair terms and conditions!!!!!

Dear All,

I want to clarify as there is no precautions in the FIDIC to avoid unfair terms and conditions...

Is there no codes to conduct by consultants when they are putting speacial conditions to Conditions of Contract..

Gayantha

the phrase you are looking for, I believe, is "contractor beware" ;-)

if you don’t like the term, refuse to accept it. Also, check with a lawyer whether or not it is enforcible. Often non competition clauses (at least in employment contracts) breach legislation so it doesn’t matter whether they are in there or not, they can’t be enforced. You do need a lawyer / legal expert to advise you on your specific case though as it very much depends where you are operating.

I NEVER met a contractor who would sign off on such a clause in an execution contract.

Why do they want it? I can only think that it’s to ensure that you have resources to complete the oproject and fulfuill your maintenance period but if so then it’s misguided. You’re no use to tehm if bankrupt. A better way (and far more common practice) is the use of a performance bond, which I believe is a standard part of the FIDIC terms anyway.

Hi James,

They have put this condition under the heading of "Non compete" they want to have an advantage of this system while other competitors cannot get it from us without their consent... problem is we are stuck against to one institute and even after one year of the termination...

GA