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Untitled
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fidic 1987 2011
Owing to the continuing demand for the Fourth Edition 1987 of the FIDIC. Conditions of Contract for Works of Civil Engineering Construction reprinted in 1992
Untitled
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SHALAKANY
LAW OFFICE
Shalakany Law
Office
FIDECFederation
Internationale
DesIngenieurs-
Conseils
Arabic Translation of FlDlC
CONDITIONS OF CONTRACT
FOR WORKS
OF CIVIL
ENGINEERING CONSTRUCTION
PART I: GENERAL CONDITIONS
-9 &I,L=,L)U jWI 4LUI, L+WI
SHALAKANY LAW OFFICE
Fourth edition 1 987
rfAV +IJl UI Repririled 1988 vnth ed~torial arncndrncnk \\AA ,.2u (y Reprinted 1992 wth further amendments \\\T ;li~~ L-,A WORD 'FROM THE
TRANSLATOR
Shal akany taw Office
(hereinafter theI1Office")
is proud to present the Arabic translation of the FIDIC contract: Conditions of Contract for Works of CivilEngineering Construction
(hereinafter the "RedBook"). The
translation, which took over four years to complete, was prepared by a comni ttee of Office members spe- cialized in construction.contracts under the supervision, direction and review of Mtre AliEl Shalakany
in his capacity as the head of theOffice.
In this connection, we wish to
draw the reader's attention to some considerations which guided theOffice when preparing the transla-
tion and which may be sumnarized as follows:The Red Book
conditions are generally based onComnon
Law principles, whi 1 e theEgyptian legal system is a
Civil Code system, as is the
case for most Arab countries, such as Morocco, Algeria,Tunisia, Libya, Lebanon,
Syria, Kuwait and Yemen.
It follows that modern Arabic
legal expressions, which are based on Civil Code concepts do not always coincide with the legal expressions used in the Red Book, that are based onComnon
Law concepts.
To ensure that the correct
meaning of the clauses of theRed Book is understood, the
Arabic translation was placed
alongside the correspondingEnglish text on
each page.This entailed organizing the
paragraphs ' so that eachArabic paragraph is opposite
to the original paragraph inEnglish.
4. During the translation pro-
cess, it was not always easy to find an Arabic word that corresponded exactly to the original term or expression.This entailed adding addi-
tional Arabic words between brackets whenever this was necessary for an accurate rendition of the original meaning. An example of this can be found in Clauses 2.6D,6.3 and 20.3.
Again striving for as clear
and precise a meaning inArabic as possible, the same
English word was sometimes
translated into more than oneArabic word, depending on the
context in which it was found, for example: (a) the term "rate" was translated into three different Arabic words in the translation,17no'adalt1
in Clause 46.1, and "feaatn in Clause52-2 and
'elas'are" inClause 72.1 because of
the different context; (b) the term "remedy" was translated into two dif- ferent Arabic words in the translation, "ma'alagau in Clause 25.3,"es-lah" in Clause
49.2 because of the dif-
ferent context; that the structure of theEnglish phrases
andlor sen- tences was, in, several instances, not followed in order to abide by Arabic rules of sentence structure and/or to provide an easier understanding,8. The Comnittee endeavoured, in
all cases where an alter- native word or a synonym had to be used or where it was necessary to give a non- literal transjation of a cer- tain word, to provide footnotes to explain the bases for the choice of word.Finally,
it should be noted that the efforts of the Office in preparing this translation was undertaken with the approval and support of the FederationInternationale des
Ingenieurs-
Conseils
(FIDIC). Shalakany LawOffice retains all author's moral
and pecuniary rights in this translation.For Shalakany Law Office
G\ j~~ L~usJ\.-".<- ip
6b-13 'k;+Chl\
A1 i Shal akany
Attorney-at-Law
FIDIC'S SUPPORT OF THE
ARABIC TRANSLATION MADE
BY "FIDIC supports this41;11 rb ++I +&:
translation, but due to lack of 6- eu' pd knowledge of the Arabic language3 '14 && 1 -1 b$,s
by those who drafted the r4 j1 '". oi Qzk# Wd kPJI original Conditions of Contract, b .;-".JJ '4ndf b&J1 'a+ cannot endorse the accuracy of PI1 & tU1.YL &
the translation. In case of ". +'JI doubt, the original English version must prevailM. its the Off rev GRATITUDE AND APPRECIATIONShalakany Law Office expresses
gratitude and appreciation to Comnittee of members of the ice which translated and iewed the text of this Contract which was composed of:WJ +w1 '.+ /ALh -1
1) Mr. Ali El Shalakany Head of
the Comni t teeMr. Salah Morsi
3) Mrs. Mona Zulficar Member
4) Mr. Khaled El Sha
5) Dr.Mohamed-Hossam
0 .,UI ,oh / j*UI -7
6) Dr.Essam El Din Kalyoubi Member
1- ,+' e'*'
FORWARD
The terms of the Fourth Edition
of the Conditions of Contract forWorks of Civil Engineering
Construction have been prepared by
the Federation Internationale desIngenieurs Conseils (FIDIC) and are
recomnended for general use for the purpose of contruction of such works where tenders are invited on an international basis. TheConditions subject to minor modifi-
cations are also use on domestic contracts.The version in English of, the
Conditions is considered by FIDIC
as the official and authentic iext for the purpose of translation.In the preparation of the
Conditions
it was recognized that while there are numerous Clauses which will be generally applicable, there are some Clauses which must necessarily vary to take account of the circumstances and locality of the Works. The Clauses of general appl i cati on have been grouped together in this document and are referred to as PartI - General
Conditions. They have been printed
in a form which will facilitate their inclusion as printed in the contract documents normally pre- pa red.The General Conditions are
linked with the Conditions ofParticular Application, referred to
as Part 11, by the corresponding numbering of the Clauses, so that ..PartsI and I1 together comprise
the Conditions governing the rights and obligations of the parties. for the purpose of GItaar@, -11
&! translation .-1Jdd\ ,+%dl e;QPart I1 must be specially
drafted to suit each ind.ividua1Contract.
When dredging and certain types
of reclamation work are involved special consideration must be given to Part 11.To assist
in the .preparation of PartI1 explanatory material and
example clauses are pub1 i shed with the Conditions in a separately bound document entitledI1Condi
tions of Contract for Works of CivilEngineering Construction, Part
I1 -Conditions o f Particular
Application, with Guidelines for
preparation of PartI1 Clauses,
Fourth Edition.
I'FIDIC has published a 'Guide to
the Use: of FIDIC Conditions ofContract for Works of Civil
Engineering Construction" which
includes comnents on the provisions of the Fourth Edition of theConditions. Users of the 'Fourth
Edition may find
it helpful to refer to this Guide.It may also be helpful for users
to refer to other FIDIC pubjica- tions, such as:Tendering Procedure (First
Editon
1982)Construction, Insurance and Law
( 1986)FIDIC gratefully acknowledges
the suggestions and comnents it has received during the preparation of this edition from EuropeanInternational Contractors (EIC) as
mandatory of Confederation ofInternational contractors
Associations (CICA) with par-
ticipation of Associated GeneralContractors of America (AGC).
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, bu 41 .A .: I-". 113 c;L- iW do -=.LJI oh J!UI -69 JIgb (W dJYl &+++,JJ( iJ3WlMgU! 3Li;I 'U*&,Aqhdl
d&'dl p dl$L'dl+ (CICA) irJjY1 . (AGG) &,I dg~ ~WIINTRODUCTION
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