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| Analysis of the Inequality between the Employer and the Contractor under “Conditions of Contract for Construction" of FIDIC |
| YIN Jiang-tao1, ZHANG Xian-jin2 |
| 1.Wuhan Architectural Design Institute, Wuhan, Hubei 430014, China; 2.Huazhong University of Science and Technology, Wuhan, Hebei 430074, China |
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Abstract Research purposes: In order to establish a more just market for international project contract, it is necessary to discuss whether the employer and the contractor are equal or not under “Conditions of Contract for Construction" of FIDIC.
Research methods: The employer and the contractor's rights and duties under “Conditions of Contract for Construction" of FIDIC are analyzed. And the following five aspects are penetrated studied especially; financial condition, claim procedure, engineer, bid guarantee and reconnaissance material.
Research results: Some unequal situations between the employer and the contractor under “Conditions of Contract for Construction" of FIDIC are found. The further studies show the basic reason for the inequality is that FIDIC persists forming a buyer market.
Research conclusions: Establishing a market in which the employer and the contractor are completely equal and establishing the engineer in the neutral position from the beginning to the end of the work is the new system, which embodies the fair principle.
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Received: 17 February 2006
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2006, Vol. 23 
