The FIDIC contracts, adopted by the International Federation of Consulting Engineers, are relatively modern contracts. In fact, FIDIC contracts are the most common contracts in the organization of construction building in all countries of the world. This is because these contracts, in advance, put a contractual framework to overcome the problems of international construction and local communities and also to achieve the principle of self-sufficiency for the construction contracts and construction itself. The FIDIC contracts organize rights and obligations of the parties and also an equitable distribution of risk. The FIDIC contracts also organize orders changing construction work since the building and construction projects need a long period of time to be implemented. In this period, the circumstances surrounding the contract may be changed and become different from the circumstances which arose during its implementation. This requires the issuance of change orders based on the initiative of the engineer or the employer's request or suggestion of a contractor. The purpose of these orders is the compatibility with the development of circumstances and developments, particularly since the construction projects are very unstable and subject to many risks, such as force majeure and unforeseen financial difficulties. The construction work may not be completed correctly and satisfactorily except by resorting to such orders which can avoid design errors, lack of experience of the employer, change in the financial requirements or objective of the project, or sequence of work, including a positive flexibility to implement the project. The FIDIC contracts lack a unified legislative organization in the Arab countries. Furthermore, some general rules of civil law are not compatible with the compound nature of Contracts for the International Construction and its recent developments. Besides, the resulting images are different in their logic and legal system, especially if one of the parties is a foreigner
Al Jamal, Sameer Hamed
"The Modern Legal rules in the FIDIC contracts,"
UAEU Law Journal: Vol. 2012:
52, Article 1.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2012/iss52/1