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SHALAKANY

LAW OFFICE

Shalakany Law

Office

FIDEC

Federation

Internationale

Des

Ingenieurs-

Conseils

Arabic Translation of FlDlC

CONDITIONS OF CONTRACT

FOR WORKS

OF CIVIL

ENGINEERING CONSTRUCTION

PART I: GENERAL CONDITIONS

-9 &I,L=,L)U jWI 4

LUI, 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 the

I1Office")

is proud to present the Arabic translation of the FIDIC contract: Conditions of Contract for Works of Civil

Engineering Construction

(hereinafter the "Red

Book"). 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 Ali

El Shalakany

in his capacity as the head of the

Office.

In this connection, we wish to

draw the reader's attention to some considerations which guided the

Office when preparing the transla-

tion and which may be sumnarized as follows:

The Red Book

conditions are generally based on

Comnon

Law principles, whi 1 e the

Egyptian 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 on

Comnon

Law concepts.

To ensure that the correct

meaning of the clauses of the

Red Book is understood, the

Arabic translation was placed

alongside the corresponding

English text on

each page.

This entailed organizing the

paragraphs ' so that each

Arabic paragraph is opposite

to the original paragraph in

English.

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 in

Arabic as possible, the same

English word was sometimes

translated into more than one

Arabic 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 Clause

52-2 and

'elas'are" in

Clause 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 the

English 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 Federation

Internationale des

Ingenieurs-

Conseils

(FIDIC). Shalakany Law

Office 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 this

41;11 rb ++I +&:

translation, but due to lack of 6- eu' pd knowledge of the Arabic language

3 '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 P

I1 & tU1.YL &

the translation. In case of ". +'JI doubt, the original English version must prevailM. its the Off rev GRATITUDE AND APPRECIATION

Shalakany 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 tee

Mr. 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 for

Works of Civil Engineering

Construction have been prepared by

the Federation Internationale des

Ingenieurs Conseils (FIDIC) and are

recomnended for general use for the purpose of contruction of such works where tenders are invited on an international basis. The

Conditions 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 Part

I - 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 of

Particular Application, referred to

as Part 11, by the corresponding numbering of the Clauses, so that ..Parts

I and I1 together comprise

the Conditions governing the rights and obligations of the parties. for the purpose of G

Itaar@, -11

&! translation .-1Jdd\ ,+%dl e;Q

Part I1 must be specially

drafted to suit each ind.ividua1

Contract.

When dredging and certain types

of reclamation work are involved special consideration must be given to Part 11.

To assist

in the .preparation of Part

I1 explanatory material and

example clauses are pub1 i shed with the Conditions in a separately bound document entitled

I1Condi

tions of Contract for Works of Civil

Engineering Construction, Part

I1 -

Conditions o f Particular

Application, with Guidelines for

preparation of Part

I1 Clauses,

Fourth Edition.

I'

FIDIC has published a 'Guide to

the Use: of FIDIC Conditions of

Contract for Works of Civil

Engineering Construction" which

includes comnents on the provisions of the Fourth Edition of the

Conditions. 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 European

International Contractors (EIC) as

mandatory of Confederation of

International contractors

Associations (CICA) with par-

ticipation of Associated General

Contractors of America (AGC).

D '#-! 'd+w\ +-J

, bu 41 .A .: I-". 113 c;L- iW do -=.LJI oh J!UI -69 JIgb (W dJYl &+++,JJ( iJ3Wl

MgU! 3Li;I 'U*&,Aqhdl

d&'dl p dl$L'dl+ (CICA) irJjY1 . (AGG) &,I dg~ ~WI

INTRODUCTION

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