Shadowing Practice: Complete Guide to the FIDIC Red Book 2017 | Construction Contract Explained - Learn English Speaking with Video

בחר מצב תרגול

כל מצב פותח חדר תרגול במסך מלא.

637 משפטים

אם המשפטים קצרים או ארוכים מדי, לחץ על ערוך כדי להתאים אותם.

We are going to decode this Redbook.

We've got the general conditions, the contract data, the special provisions, the whole stack.

We want to understand the rules of engagement for these massive international projects.

Because, let's be honest, I felt intimidated just opening the PDF.

It looks like a phone book written by lawyers for other lawyers.

It can be intimidating, I get it.

But don't let the density fool you.

At its heart, this document is a mechanism for fairness.

Fairness.

Yes.

It's an operating system designed to prevent chaos on a job site.

It defines who pays, who bills, who takes the risk, and what happens when, not if, but when things go wrong.

And in construction, things always go wrong, don't they?

Invariably.

You are dealing with physics, geology, weather, and human beings.

It is a recipe for unpredictability.

So before we dive into the specific clauses, and we're going to cover everything from finding archaeological ruins to what happens

if the employer just gets bored and cancels the project.

And yes, that is a thing.

Let's set the stage.

Why the red book?

I know Eddie Ike has a whole rainbow of contracts.

There's a yellow book, a silver book.

Why are we focusing on red?

Great question.

So FEI stands for the International Federation of Consulting Engineers.

They produce this whole suite of contracts and they color code them based on how the project is structured.

The red book is the global standard for construction where the design is done by the employer.

So the employer hires an architect or an engineer first, they do all the drawings, and then they hand them over.

Exactly.

You, the employer, get your team to draw up the blueprints, calculate the loads, and specify all the materials.

Then you hire a contractor to build exactly what is on those drawings.

Okay, so in this model, understanding these clauses is all about how risk is shared between the employer, the one with the money, and the contractor, the one with the boots on the ground.

Precisely.

And the 2017 edition is really interesting because they have tried to clarify that balance and, crucially, to stop disputes before they burn the whole project down.

Let's jump right into part one then.

The ground rules.

This is Clause 1, General Provisions.

Now, usually I might skip the definitions section in a contract because it feels like housekeeping.

A huge mistake.

But reading through this, I realized that the definitions are actually where the landmines are buried.

You absolutely cannot skim Clause 1.

This is where the language of the law is defined.

If you don't know who the players are, you don't know the game you're playing.

So let's meet the players.

We have three main characters in this story.

First, the employer.

Right.

The entity paying for the work.

But look closely at the definition in the text.

It includes their legal successors.

I circled that.

Why is that specific phrase so important?

Because these projects take years, sometimes decades.

Companies get bought, sold, or merged.

If I sign a contract to build a power plant for company A and two years later, company A gets acquired by a massive global conglomerate,

I need to know that the contract still holds.

I see.

The legal successor clause ensures that the new owner steps into the shoes of the old one.

They can't just walk away and say, well, we didn't sign that.

That makes sense.

It provides continuity.

Yeah.

OK, then we have the contractor.

Defined in subclause 1.1.1.1.

This is the person or company named in the letter of tender, accepted by the employer.

They are the ones executing the work.

They are the ones taking on the physical risk.

And the third wheel, the engineer.

This one seems unique to the FIDA model.

It is central to the Red Book.

The engineer is appointed by the employer to administer the contract.

This is a fascinating role because they wear two hats.

How so?

On one hand, they are hired and paid by the employer, but on the other hand, the contract requires them to make fair determinations.

That sounds like a conflict of interest waiting to happen.

I'm paying your salary, but I need you to decide against me if I'm wrong.

It is the source of endless arguments in the industry.

But under Clause 3 of the 2017 edition, the engineer's duty to act neutrally when making determinations is much more explicitly defined.

They aren't just a mailman for the employer.

They are supposed to be the referee on the field.

Let's unpack the power of words here.

Subclause 1.2 regarding interpretation.

It feels like high school grammar class, but with millions of dollars at stake.

It really is.

There is a massive difference between the words may and shall.

It is the most important distinction in the entire document.

If you take nothing else away from this deep dive, remember this.

Under subclause 1.2, shall means an obligation.

An order.

A duty.

If the contract says the contractor shall submit a report, there is no wiggle room.

You must do it.

If you fail to do it, you are in breach of contract. And may.

May implies a choice.

The party has the option to act or not act.

The engineer may inspect the works.

They can choose to do so or not.

It's permissive.

100

If you confuse shall and may when you are writing a letter or making a claim, You can accidentally waive your rights or accept a liability you never intended.

101

I also noticed the definition of written.

102

We live in a digital world now.

103

In 2017, does written still mean a quill on parchment?

104

Or does a text message count?

105

Thankfully, they modernized this.

106

Written, or in writing, means handwritten, typewritten, printed, or, and this is key, electronically made.

107

Okay, but there's a catch.

108

There is a catch.

109

It must result in a permanent record.

110

So if I send a message on a secure app that auto-deletes after 24 hours?

111

Not written.

112

Doesn't count.

113

What about a quick Zoom call where the engineer tells me to change the design, but nobody records it?

114

That is definitely not written under the contract.

115

And this is a trap contractors fall into all the time.

116

I can imagine.

117

The engineer says something on site, the contractor does it, and later there is a dispute.

118

If there is no permanent electronic record, like an archived email or a formal digital instruction, it didn't happen.

119

That is a huge takeaway.

120

if it isn't written it didn't happen now let's talk about

121

subclause 1.6 the contract agreement it says the parties shall sign

122

within 35 days after the contractor receives the letter of acceptance

123

who pays for the stamp duties the employer the text is explicit there the costs of stamp duties

124

and similar charges imposed by law fall on the employer it's a small detail

125

but it shows you how specific the red book gets about who pays for what and then we hit Subclause 1.15, limitation of liability.

126

This seems like the safety net for the contractor.

127

It is.

128

Generally, the total liability of the contractor to the employer is capped.

129

It's usually a sum stated in the contract data.

130

If it's not stated there, it defaults to the accepted contract amount.

131

So if I'm building a bridge for you for $10 million and I make a mistake that causes massive delays, you generally can't sue me for $50 million.

132

Generally, that's the key word.

133

Okay, so what's the exception?

134

The exception is a big one.

135

This cap does not apply in cases of fraud, gross negligence, deliberate default, or reckless misconduct.

136

So if I'm just incompetent, my liability is capped.

137

But if I'm reckless?

138

If you decided to use cheap, substandard steel to save money and pocket the difference, that is fraud or reckless misconduct.

139

And then the cap is gone.

140

The safety net disappears.

141

You are liable for every penny of damage, even if it exceeds the contract price.

142

You can't contract your way out of fraud.

143

That makes perfect sense.

144

Yeah.

145

Okay, moving to part two, the setup.

146

This defines the duties of the two heavyweights, the employer and the contractor.

147

Let's start with the employer in clause two.

148

What is their biggest responsibility, aside from paying the bills?

149

Right, of access.

150

Sub clause 2.1, it sounds incredibly simple.

151

The employer must give the contractor right of access to the site.

152

You can't build a building if the gates are locked.

153

Exactly.

154

But this happens right all the time.

155

Maybe the employer hasn't finished purchasing the land.

156

Or there are protesters.

157

Maybe there are squatters living on the site.

158

Maybe there's a political protest blocking the road.

159

And if the contractor is sitting there with a fleet of bulldozers and 500 workers and they can't get in, it triggers claims for delay.

160

The meter starts running.

161

Immediately.

162

Immediately.

163

If the employer doesn't provide access by the date in the contract data, the employer is going to pay for that downtime.

164

And idle construction equipment is incredibly expensive.

165

I bet.

166

What about permits?

167

Who is responsible for getting the legal permission to build?

168

Subclause 1.13 covers compliance with laws.

169

It's a split responsibility, which is interesting.

170

Generally, the employer obtains the planning permissions, the right to have a building on that land.

171

But the contractor has to obtain the permits required to execute the works.

172

Things like road closure permits, crane operation licenses, or labor visas.

173

Now let's flip the coin to Clause 4, the contractor's burden.

174

This section feels heavy.

175

It is.

176

Sub Clause 4.1 says the contractor is responsible for the adequacy, stability, and safety of all site operations.

177

That covers a lot of ground.

178

It covers everything.

179

If a scaffold falls, it's the contractor.

180

If a trench collapses, it's the contractor.

181

But the real sleeper clause here, the one that keeps project managers awake at night, is subclause 4.1, site data.

182

I marked this one.

183

It says the contractor is deemed to have satisfied themselves regarding the form and nature of the site.

184

Deemed to have satisfied themselves.

185

That is powerful legal speak.

186

It means you are legally considered to have checked everything, whether you actually did or not.

187

So you're supposed to have checked the ground conditions, the weather.

188

Before submitting a tender, the contractor is supposed to check the hydrological conditions, climatic conditions, the subsurface conditions, basically everything.

189

So let's play this out.

190

I'm a contractor.

191

I bid on a tunnel project.

192

I start digging and I hit a massive wall of hard rock that wasn't shown on the initial drawings.

193

Right.

194

It's going to cost me 10 times as much to drill through it.

195

Can I go to the employer and ask for more money?

196

Under the Red Book, that is a very, very difficult argument to make.

197

Why?

198

The employer will point to Clause 4.10 and say, You were deemed to have satisfied yourself about the geology.

199

You should have drilled more test boreholes before you bid.

200

But bidding periods are short.

201

Sometimes you only have a month to put a price together.

202

You can't drill holes everywhere.

203

And that is the risk.

204

This clause represents a massive transfer of risk from the employer to the contractor.

205

So you have to price that risk in.

206

You have to.

207

Unless the condition was unforeseeable, and FV Dyke has a very strict definition of what unforeseeable means, the cost of that rock belongs to you.

208

You can't come back later and say, I didn't know the ground was soft or I didn't know the water table was this high.

209

That puts a huge premium on doing your homework.

210

It effectively punishes optimism.

211

If you assume the best case scenario for the soil, you are gambling.

212

What about getting to the site?

213

Subclause 4.15 talks about access routes.

214

This is another risk transfer.

215

The contractor is responsible for maintaining their access routes.

216

And here is a specific detail from the text that I find fascinating.

217

Go on.

218

The contractor must prevent roads or bridges from being damaged by their traffic.

219

So if I drive a 50-ton dump truck over a sleepy village bridge to get to the site, and the bridge collapses...

220

You just bought a bridge.

221

Or at least you are paying to fix it.

222

The contract says you must use appropriate vehicles and routes.

223

You can't just destroy the local infrastructure in the name of progress.

224

The environment also gets a mention in Clause 4.1K.

225

Yes, protection of the environment.

226

In the 2017 edition, this is much stricter.

227

It is an explicit requirement to limit emissions, surface discharges, and effluent.

228

So no more just pumping wastewater into a river.

229

You can't just pump your muddy construction water into the local trout stream.

230

If you do, you are in breach of contract, not just environmental law.

231

And subclause 4.19 covers temporary utilities.

232

I assume the contractor can't just plug an extension cord into the employer's office.

233

Correct.

234

The contractor is responsible for their own power, water, and services, unless the contract states otherwise.

235

They usually have to bring in big diesel generators.

236

Okay.

237

If they do use the employer's utilities, the text says the employer is entitled to payment for it.

238

Moving on to part three, the human element.

239

Construction isn't just concrete, it's people.

240

Clause 6 deals with staff and labor.

241

This section is quite fascinating because it deals with the reality of managing a workforce, often in a foreign country.

242

Clause 6.3 is straightforward.

243

The contractor handles recruitment, payment, and feeding of their staff.

244

But Clause 6.5, working hours, caught my eye.

245

It says no work on locally recognized days of rest.

246

Right.

247

You have to respect the local culture.

248

If you are building in the Middle East, Friday might be the day of rest.

249

In Europe or the Americas, it's usually Sunday.

250

You don't work on those days unless the engineer consents.

251

Oh, reason or, isn't there?

252

Or, and this is the dramatic part, if it's an emergency to save life or property.

253

I see.

254

If a retaining wall is failing and threaten a village, you work on Sunday.

255

The contract recognizes that safety trumps the calendar.

256

There's also Clause 6.11, Disorderly Conduct.

257

I call this the Bouncer Clause.

258

The Bouncer Clause.

259

Yeah.

260

The contractor must prevent disorderly conduct among their staff.

261

But more importantly, it gives the engineer power.

262

If a worker is acting dangerously, or they are drunk, or they are starting fights, the engineer can effectively demand their removal from the site.

263

And the contractor has to listen.

264

Yes.

265

They have to remove that person and replace them, usually at their own cost.

266

It ensures that the engineer has some control over safety and discipline, even though they aren't the direct employer of the workers.

267

Clause 6.12 mentions key personnel.

268

This feels like a protection against a bait and switch.

269

That is exactly what it is.

270

When contractors bid for big jobs, they often put their A-team in the proposal.

271

Sure, you want to show off your best people.

272

They say, look, we have Jane Smith, the world's best bridge engineer, and she will run this project.

273

The employer hires them based on Jane.

274

And then, once the contract is signed, Jane disappears to another job.

275

Exactly.

276

Clause 6.12 prevents that.

277

It says the key personnel named in the tender must be available.

278

You can't swap Jane out for a junior engineer without a very good reason and the engineer's consent.

279

So you have to deliver the team you promised.

280

You do.

281

Okay, let's get to the actual building part, part four, the work itself.

282

Clause seven is quality control.

283

How do we ensure the concrete is actually concrete?

284

This is where the rubber meets the road.

285

Subclause 7.1 dictates the manner of execution.

286

Workmanship must be of the quality specified.

287

But how do we know it is?

288

That's subclause 7.3 and 7.4, inspections and testing.

289

The employer's personnel are entitled to examine, inspect, measure, and test materials.

290

And this applies not just on the site, but often at the place of manufacture.

291

So the employer can send someone to the steel mill in another country to check the beams before they even ship.

292

Yes.

293

And if they fail the test, subclause 7.5, defects and rejection.

294

If the work is defective, the engineer can reject it.

295

And the contractor has to fix it.

296

They have to fix it or replace it at their own cost.

297

There is an interesting point in subclass 7.7 about ownership.

298

It says planted materials become the property of the employer when paid for.

299

Why is that so specific?

300

This surprises people, but it's a crucial protection against bankruptcy.

301

Imagine the employer pays $5 million for a set of custom turbines.

302

Okay.

303

They are sitting in a warehouse in Germany waiting to be shipped suddenly the contractor goes bankrupt

304

if the contractor owns them the creditor sees the turbines exactly

305

but this class says no the employer paid for them they

306

belong to the employer it allows the employer to go

307

and claim their property even

308

if it hasn't arrived on site yet that's clever it separates the materials from the contractors financial risks

309

that leads us to clause 8 time is money, we have a commencement date and a time for completion.

310

The clock is always ticking.

311

Clause 8.2 sets the deadline.

312

But construction is rarely perfectly on time.

313

So Clause 8.6 and 8.7 deal with what happens when things slow down.

314

Delays.

315

Right.

316

If the authorities cause a delay, say, the government is slow issuing a permit, the contractor might get an extension of time, or EOT.

317

So the deadline moves back.

318

The deadline moves back and they don't get penalized for it.

319

But what if the contractor's just slow?

320

Maybe they didn't hire enough trucks.

321

That is a different story.

322

That is subclause 8.7.

323

The engineer can instruct them to expedite the work.

324

Which means hurry up.

325

It means hurry up, add more shifts, work at night, bring in more equipment, and crucially, the contractor bears the cost of that acceleration.

326

If they don't speed up.

327

Subclause 8.8.

328

Delay damages.

329

This is the stick.

330

The penalty.

331

It's a penalty.

332

Usually a percentage of the contract price for every day they are late.

333

It can get very expensive very quickly.

334

It's designed to make it more profitable to finish on time than to be late.

335

What about stopping the work entirely?

336

Suspension.

337

That is Clause 8.9 through 8.2.

338

The engineer can suspend the work.

339

Maybe there's a safety issue or maybe the employer just needs to pause for funding reasons.

340

But the contractor gets paid during this time.

341

Usually, yes.

342

They get paid for the cost of protecting the works.

343

And Clause 8.11 says they get paid for plant and materials if they are marked as property of the employer.

344

But here is the really interesting strategic element.

345

Subclause 8.11, prolonged suspension.

346

How long is too long?

347

The contract says 84 days.

348

If the suspension lasts more than 84 days, the contractor can ask for permission to proceed.

349

And if the engineer says, no, keep waiting.

350

Then the contractor can treat the suspended part as an omission, basically removing it from the contract.

351

And if the whole project is suspended for that long?

352

They can terminate the contract.

353

It prevents the employer from keeping the contractor in limbo forever.

354

It's a game of chicken.

355

You can pause the game, but if you pause it too long, the other player quits.

356

Let's fast forward to the end of the job.

357

Part 5.

358

The finish line.

359

Clause 9 covers tests on completion.

360

You can't just hand over the keys and walk away.

361

You have to prove it works.

362

Right.

363

The contractor runs the tests, pressure testing pipes, load testing bridges, running the AC.

364

And if they fail?

365

Subclause 9.4.

366

They have to repeat the tests.

367

And if they fail repeatedly, I mean, what if they just can't get it right?

368

The employer has options.

369

They can order another repeat.

370

They can reject the whole section.

371

Or, interestingly, they can issue a taking over certificate anyway, but reduce the contract price.

372

Oh, that's interesting.

373

It's basically saying, I'll take this defective building because I need to use it, but I'm paying you less for it because it doesn't meet the spec.

374

Speaking of taking over, that's clause 10.

375

Subclause 10.1.

376

The engineer issues a taking over certificate when the work is completed.

377

This is a huge milestone.

378

It shifts responsibility for the care of the works from the contractor to the employer.

379

The risk transfers back.

380

Exactly.

381

The insurance requirements change.

382

The risk transfers back to the owner.

383

I found subclause 10.3 hilarious.

384

Interference with tests on completion.

385

Yes.

386

I call this the stop hitting yourself clause.

387

Why is that?

388

Sometimes an employer doesn't want to take over the building yet.

389

Maybe they don't have the final payment ready or they aren't ready to occupy, so they might try to delay the test.

390

It's like they locked the door to the electrical room or something.

391

Exactly.

392

It happens.

393

But Clause 10.3 says if the employer prevents the contractor from doing the test for more than 14 days, the tests are deemed to have been passed.

394

The contract assumes the building works because the employer wouldn't let them prove otherwise.

395

You can't pluck the exit and then complain the contractor hasn't left.

396

So once the taking over certificate is issued, is the contractor free?

397

Can they go home?

398

Not yet.

399

Clause 11 is defects liability.

400

In other industries, you'd call this the warranty period.

401

It's usually a year, sometimes two, called the defects notification period or DNP.

402

How does that work?

403

Under subclause 11.1, the contractor must finish any outstanding work and fix any defects that appear during this period.

404

If the roof leaks three months after the employer moves in, the contractor has to come back and fix it.

405

At their own cost.

406

If the defect is due to poor workmanship or materials, yes, at their own cost.

407

And finally, when is it really truly over?

408

Subclause 11.9, the performance certificate.

409

This is the true end.

410

It's the only document that constitutes formal acceptance of the works.

411

Once this is issued, the contractor's obligations are largely done.

412

Bonds get released.

413

The performance bond is released.

414

The marriage is officially dissolved.

415

Okay, let's talk about the thing everyone cares about most.

416

Money.

417

Part 6.

418

Financials and Risk.

419

Clause 14 is Contract, Price, and Payment.

420

Subclause 14.1 defines the contract price.

421

It's the agreed amount.

422

But you have to remember, in construction, the price is rarely static.

423

It's subject to adjustments, variations, claims, inflation.

424

And Clause 14.2 covers advance payments.

425

It's like a startup loan, right, to get things going.

426

Essentially.

427

For big projects, the contractor needs huge cash flow to mobilize, to buy equipment, set up the camp, ship materials.

428

The employer gives an advance payment.

429

Subclause 14.2 says this is an interest-free loan.

430

But nothing in life is free.

431

Correct.

432

Clause 14.2.3 details how it's repaid.

433

It is deducted from future payment certificates.

434

Usually a percentage is shaved off every time the contractor sends a bill until the loan is paid back.

435

Subclause 14.15 caught my eye.

436

Currencies of payment.

437

This is vital for international work.

438

Imagine you are building a dam in Vietnam.

439

Right.

440

You pay your local laborers in Vietnamese Dam, but you are buying turbines from Germany in Euros.

441

And you are buying steel from China in Renminbi.

442

That is an accounting nightmare.

443

And a risk.

444

If the exchange rate shifts wildly, you could lose your profit margin overnight.

445

Clause 14.15 specifies exactly which currency is used for what.

446

It locks in the risk profile so everyone knows where they stand.

447

Now let's look at the scary stuff.

448

Clause 17, care of works and indemnities.

449

This is about who gets sued when someone gets hurt.

450

Pretty much.

451

Subclause 17.4 is indemnities by contractor.

452

To put it simply, the contractor breaks it or hurts someone, they pay for it.

453

So they indemnify the employer.

454

The contractor indemnifies the employer against bodily injury, sickness, disease, or death of any person and damage to property caused by the contractor's operations.

455

So if a crane falls on a passerby.

456

The contractor deals with it.

457

They hold the employer harmless, they pay the lawyers in the settlement.

458

But there is a flip side, subclass 17.5.

459

Indemnities by employer.

460

Yes.

461

The employer indemnifies the contractor against things like the employer's negligence, or what they call the unavoidable result of the works.

462

What does unavoidable result mean?

463

Let's say the employer hires you to dig a canal.

464

You dig it exactly where they told you to, but digging that canal drains the water table and dries up a nearby farmer's well.

465

Ah, okay.

466

You didn't do anything wrong, you just executed the design.

467

The damage was unavoidable.

468

So the employer pays the farmer.

469

Correct.

470

The employer takes the risk for the consequences of their design.

471

And sub clause 17.6 mentions shared indemnities, acknowledging that sometimes it's a bit of both.

472

Exactly.

473

Life is rarely black and white.

474

Sometimes both parties share the blame, and the contract allows for that liability to be split.

475

We have arrived at the divorce section.

476

Clause 15 and 16.

477

Termination.

478

This is when the relationship breaks down completely.

479

Clause 15 is termination by employer.

480

It usually starts with subclause 15.1.

481

Notice to correct.

482

A warning shot.

483

It is a warning shot.

484

The engineer sends a formal notice saying, fix this specific failure or else.

485

And if they don't fix it?

486

Subclause 15.2 allows termination for contractors default.

487

This happens if the contractor abandons the work, goes bankrupt, or essentially demonstrates they have no intention of finishing.

488

The employer kicks them off the site and calls in the bonds.

489

Which is a disaster.

490

It is a financial disaster for the contractor.

491

But then there is subclause 15.5.

492

termination for employer's convenience.

493

This one seems wild to me.

494

It is a very powerful clause.

495

The employer can terminate the contract at any time for any reason.

496

They don't have to prove the contractor messed up.

497

So their funding could dry up or...

498

Maybe the funding dried up.

499

Maybe the government changed and they don't want the dam anymore.

500

That seems unfair.

501

Can they just fire the contractor and hire their cousin to finish the job cheaper?

502

No. That is the fear, right.

503

Right.

504

But subclause 15.5 has a specific poison pill to prevent predatory behavior.

505

What is it?

506

It says the employer cannot terminate for convenience in order to execute the work themselves

507

or to arrange for the works to be executed by another contractor.

508

So you can cancel the project, but you can't just swap the contractor.

509

Exactly.

510

You can kill the project, but you can't replace the player.

511

If you use this clause, the project stops.

512

And clause 16 lets the contractor fire the employer.

513

In a manner of speaking, if the employer doesn't pay, Clause 16.1 allows the contractor to suspend work.

514

If they still don't pay, Clause 16.2 allows the contractor to terminate.

515

No pay, no play.

516

Exactly.

517

No pay, no play.

518

And then they have to figure out the bill for what's been done.

519

Right.

520

Valuation.

521

The engineer has to figure out what the work done so far is actually worth, and the employer has to pay for it, plus usually some loss of profit for the contractor.

522

This brings us to Part 7.

523

When they disagree, disputes.

524

This seems to be where the 2017 Red Book really tries to innovate.

525

Clause 20 deals with claims, but Clause 21 is about the DAB.

526

The Dispute Avoidance Adjudication Board, or DAOB.

527

Note the word avoidance.

528

That is the big innovation in 2017.

529

In previous versions, it was just a dispute adjudication board, right?

530

The DAB.

531

Yes, the DAB.

532

It used to be a panel you called when you were already fighting.

533

It was reactionary.

534

Now, under Clause 21.1, the DAB is appointed at the start of the project.

535

So they're like marriage counselors who move in on the wedding day.

536

That is the perfect analogy, and they stay there.

537

Sub Clause 21.3 is titled, Avoidance of Disputes.

538

The parties can jointly ask the DAB for informal assistance.

539

How does that work?

540

Let's say we are arguing about that rock formation we found earlier.

541

Right.

542

I think it's unforeseeable.

543

You think it's not.

544

Instead of firing off aggressive legal letters, we can invite the DAB members for a coffee and say, hey, what do you guys think?

545

And they give advice, just informally.

546

They give a non-binding opinion.

547

They might say, look, contractor, under clause 4.10, you're probably going to lose this one.

548

That allows the contractor to back down without losing face.

549

It stops the small fire from becoming an inferno.

550

That's the whole idea.

551

I was reading the appendix on the DAB duties.

552

It creates a real obligation for them to be present, doesn't it?

553

Absolutely.

554

The appendix rules say the DAB members must be knowledgeable about the contract and the physical progress of the works.

555

So they have to be technical people.

556

And rule three covers site visits.

557

They can't just sit in an office in Geneva or London.

558

They have to visit the site regularly, usually every few months.

559

They need to see the mud and the concrete.

560

Exactly.

561

If they don't know the project, they can't help avoid disputes.

562

They have to be engaged.

563

And if the informal chat doesn't work?

564

Then you go to a formal referral.

565

The DAA issues a binding decision.

566

If one party is unhappy with that, they issue a notice of dissatisfaction.

567

And then, what's the final step?

568

Subclause 21.6, arbitration.

569

Usually international arbitration, often under ICC rules.

570

But the hope and the design of the 2017 Red Book is that most issues never get that far.

571

Because the DAB solves them first.

572

Right.

573

Arbitration is the failure state.

574

Finally, let's touch on Part 8, modern updates.

575

The world has changed a lot since the previous edition in 1999.

576

I saw mentions of BIM building information modeling.

577

Yes.

578

1999 was a paper world.

579

2017 is a digital world.

580

The source text includes advisory notes to users regarding BIM.

581

And what do they advise?

582

The Red Book advises reviewing definitions in Clause 1.1 and intellectual property rights in Clause 17.3.

583

Why?

584

Because if the design is a shared 3D model in the cloud, who owns it?

585

Who is liable if the file gets corrupted?

586

The standard clauses need to be tweaked to handle digital data, not just paper drawings.

587

And that leads to special provisions.

588

We've been talking about the general conditions, which are the standard boilerplate.

589

But every project is unique.

590

Correct.

591

The Red Book is a template.

592

The contract data and the special provisions, which are called Particular Conditions Part B, allow you to customize it.

593

So you might need different insurance for a nuclear plant than for a road.

594

Precisely.

595

But there is a warning in the text, isn't there, about making changes?

596

A big one.

597

The guidance warns that great care must be taken.

598

These clauses are an ecosystem.

599

They are interlocked.

600

If you change one clause, you might unintentionally alter the balance of risk elsewhere.

601

Like the butterfly effect.

602

Exactly.

603

If you delete the right of access clause because you think it's redundant, you might accidentally invalidate the contractor's ability to claim delays,

604

which could make the whole contract unenforceable under local law.

605

You can't just hack away at it with a machete.

606

So let's synthesize this.

607

We have gone from defining the word contractor to handling massive international arbitration.

608

We've covered the right of access, the site data risks, the disorderly conduct bouncers, and the termination for convenience nuclear option.

609

It is a comprehensive system.

610

It covers the life cycle of a project from the first handshake to the final certificate.

611

What stands out to me is the shift towards prevention.

612

The DAB seems like the MVP of this edition.

613

I agree.

614

And the provocative thought I would leave the listener with is this.

615

The contract tries to predict every possible future rain, strikes, bankruptcy, bad soil.

616

It is a book of what ifs.

617

Right.

618

But the most important clause might be that avoidance of disputes mechanism.

619

Why is that?

620

Because it acknowledges that the best legal protection isn't a shark lawyer who can win a lawsuit in year five.

621

It is actually structured communication and informal assistance in week five.

622

It prioritizes talking over fighting.

623

It's the difference between winning a war and preventing one.

624

Exactly.

625

Whether you are the employer or the contractor, knowing these 21 clauses isn't just about winning a lawsuit.

626

It's about knowing the rules of the game so you can actually finish the project.

627

Because at the end of the day, nobody wants a lawsuit settlement.

628

They want a building.

629

They want a building.

630

That is a great place to leave it thank you for guiding us through the dense

631

but surprisingly dramatic world of the Afidiye Redbook.

632

My pleasure.

633

It was fun.

634

And to our listener, next time you walk past a construction site and see a crane swinging overhead,

635

remember, there is an invisible web of shells and maize and indemnities holding that whole operation together.

636

Thanks for listening to the Deep Dive.

637

We'll see you next time.

הורד אפליקציה

כל מה שאתה צריך כדי לדבר בשטף

הגיית AIציון לכל משפט

תרגול IPAשלוט בכל צליל

אוצר מיליםבנה את מאגר המילים שלך

משחק אוצר מיליםלמד תוך כדי משחק

סרוק QR

Download on theApp Store Get it onGoogle Play

FOR YOU

המלץ על סרטון

99 משפטים

FIDIC Yellow Book 2017 Explained #construction #civilengineering #quantitysurveyor

Business EnglishWorking Adults

23 משפטים

אוצר מילים והערות הגייה לשיעור הזה

שיעור הדיבור הזה ברמה C1 מבוסס על הסרטון “Complete Guide to the FIDIC Red Book 2017”. המילים שחוזרות הכי הרבה: contractor, clause, employer, contract, subclause. בסרטון הזה יש 637 משפטים ו-5507 מילים לתרגול Shadowing. הדיבור נמשך 30:50. הדובר מדבר בקצב טבעי של כ-179 מילים בדקה, קרוב לשיחה יומיומית. רק 79% מהמילים נמצאות בין 3,000 המילים הנפוצות ביותר באנגלית, כך שאוצר המילים מאתגר.

אוצר מילים מרכזי בסרטון הזה

15 המילים המתקדמות ביותר בסרטון, עם ההגייה והמשמעות שלהן:

מילה	הגייה	משמעות
contractor שם עצם	/ˈkɒnˌtɹæk.tə(ɹ)/	קבלן בניין \ קַבְּלַן בִּנְיָן
clause שם עצם	/klɔːz/	פסוקית
terminate פועל	/ˈtɝmɪneɪ̯t/	סיים
suspend פועל	/səsˈpɛnd/	השעה
defect שם עצם	/ˈdiːfɛkt/	פגם
execute פועל	/ˈɛksɪˌkjuːt/	להוציא להרוג
unavoidable שם תואר	/ˌʌnəˈvɔɪdəbəl/	בלתי־נמנע
turbine שם עצם	/ˈtɜː.baɪn/	טוּרְבִּינָה
reckless שם תואר	/ˈɹɛkləs/	רַשְׁלָן
crane שם עצם	/kɹeɪn/	עָגוּר
pause שם עצם	/pɔːz/	אתנח
convenience שם עצם	/kənˈvinjəns/	נוחות
appendix שם עצם	/əˈpɛn.dɪks/	נִסְפָּח
listener שם עצם	/ˈlɪs(ə)nɚ/	מַאֲזִין
defective שם תואר	/dɪˈfɛktɪv/	פגום

Phrasal verbs שתשמעו

מילה	משמעות
come back פועל	שָׁב
figure out פועל	הֵבִין, מצא תשובה

משפטים שכדאי לחזור עליהם

משפטים קצרים ושלמים מהסרטון שאפשר להשתמש בהם בשיחה יומיומית:

Why are we focusing on red?
Let's jump right into part one then.
Let's unpack the power of words here.
You can't contract your way out of fraud.
How do we ensure the concrete is actually concrete?

דקדוק בסרטון הזה

המבנים שהדובר משתמש בהם הכי הרבה, עם המילים המדויקות מהסרטון:

מבנה	בסרטון
סביל (Passive voice) be + past participle — הדגש הוא על מה שקורה, לא על מי שעושה את הפעולה	is structured · is done · is shared
הווה מושלם (Present perfect) have/has + past participle — פעולה שקרתה בעבר ועדיין יש לה חשיבות או השפעה עכשיו	have tried · hasn't finished · hasn't arrived
משפטי זיקה (Relative clauses) who / which + clause — מידע נוסף על אדם או דבר	responsibility, which is · conditions, which are · provisions, which are

הגייה ששווה לשים לב אליה

הדובר משתמש ב-78 קיצורים וצורות מקוצרות, כמו can't, don't, didn't. אמרו אותם בצורה הקצרה, כפי שאתם שומעים אותם.

הצלילים של “sh” ו-“zh”: termination /tɚmɪˈneɪʃən/, arbitration /ˌɑɹ.bɪˈtɹeɪ.ʃən/, adjudication /ə(d)ˌd͡ʒu.dɪˈkeɪ.ʃən/, crucially /ˈkɹuːʃəli/, workmanship /ˈwɜːk.mən.ʃɪp/
מילים ארוכות — שימו לב להטעמה: indemnity /ɪnˈdɛmnɪti/, termination /tɚmɪˈneɪʃən/, arbitration /ˌɑɹ.bɪˈtɹeɪ.ʃən/, disorderly /dɪsˈɔː.də.li/, unavoidable /ˌʌnəˈvɔɪdəbəl/

צלילים שדוברי עברית מתקשים בהם:

/w/ — שפתיים מעוגלות, לא /v/: workmanship /ˈwɜːk.mən.ʃɪp/, swap /ˈswɑp/, consequence /ˈkɑn.sɪ.kwəns/
/æ/ — פתוח יותר מה-“אֶ” העברית, לא כמו “a” ב-“cup”: contractor /ˈkɒnˌtɹæk.tə(ɹ)/, fascinate /ˈfæsɪneɪt/, satisfy /ˈsætɪsfaɪ/, subclass /ˈsʌbklæs/, bankrupt /ˈbæŋk.ɹəpt/
/r/ — הלשון לא נוגעת בשום מקום, לא ה-“ר” הגרונית: contractor /ˈkɒnˌtɹæk.tə(ɹ)/, arbitration /ˌɑɹ.bɪˈtɹeɪ.ʃən/, reckless /ˈɹɛkləs/, informal /ɪnˈfɔɹ.m(ə)l/, crane /kɹeɪn/

איך לתרגל עם הסרטון הזה

הקשיבו לכל הסרטון פעם אחת בלי לדבר, ורשמו את המילים שאתם לא מכירים.
התחילו במהירות 0.75×, תרגלו Shadowing משפט אחר משפט, וחזרו למהירות רגילה כשזה מרגיש קל.
הקליטו את עצמכם והשוו למקור, תוך תשומת לב למילים כמו contractor, clause, terminate.

מהי טכניקת השאדואינג?

שאדואינג היא טכניקת למידת שפה מבוססת מדע שפותחה במקור להכשרת מתורגמנים מקצועיים ופופולרית על ידי הפוליגלוט ד"ר אלכסנדר ארגואלס. השיטה פשוטה אך עוצמתית: אתה מקשיב לאודיו באנגלית ילידית וחוזר עליו בקול רם מיד — כמו צל העוקב אחרי הדובר עם עיכוב של 1–2 שניות בלבד. בניגוד להאזנה פסיבית או תרגילי דקדוק, שאדואינג מכריח את המוח והשרירים בפה לעבד ולשחזר דפוסי דיבור אמיתיים בו זמנית. מחקרים מראים שזה משפר משמעותית את דיוק ההגייה, האינטונציה, הקצב, הדיבור המחובר, הבנת השמיעה ושטף הדיבור — מה שהופך אותו לאחת השיטות היעילות ביותר להכנה לIELTS Speaking ולתקשורת באנגלית בעולם האמיתי.

טכניקת Shadowing: קרא את המדריך המלא שלב אחר שלב →

Shadowing Practice: Complete Guide to the FIDIC Red Book 2017 | Construction Contract Explained - Learn English Speaking with Video

בחר מצב תרגול

הורד אפליקציה

FIDIC Yellow Book 2017 Explained #construction #civilengineering #quantitysurveyor

HRM: Compensation and Benefits (Chapter 7)

What do Design Managers do?

Introduction to Contract Law

Inside PMBOK Guide 8: What Project Managers Must Know | Episode 542

Canadian Electrical Code Introduction and Layout of the Code Book

How to Make Anything - Learn to Think Like an Engineer

11. Assign Calendars and Fill Down in Primavera P6

Revenue Recognition ASC 606. Step 1: Identify the Contract.

Introduction 1, Context

What is Procurement? Procurement Process Explained in 12 minutes

CIVIL ENGINEERING INTERVIEW QUESTIONS AND ANSWERS! (Become A Civil Engineer)

אוצר מילים והערות הגייה לשיעור הזה

אוצר מילים מרכזי בסרטון הזה

Phrasal verbs שתשמעו

משפטים שכדאי לחזור עליהם

דקדוק בסרטון הזה

הגייה ששווה לשים לב אליה

איך לתרגל עם הסרטון הזה

מהי טכניקת השאדואינג?