Additional clauses relating to changing orders according to FIDIC contracts

Document Type : Original Article

Author

Egyptian court of cassation

Abstract

The underlying research discusses the importance and effects of changing orders within the construction industry according to FIDIC contracts. Due to its large scope and the multiplicity of parties working in it, the construction industry is characterized by a particular complexity that makes it susceptible to certain conditions and variables that lead to addition or deletion of some clauses. This may affect the ability of the parties to fulfill their obligations during the project implementation period and may lead to a disruption of the contractual balance in favor of one party to another, or even make the implementation impossible. Thus, it is important to understand the nature of additional clauses related to variation orders, as well as to analyze the clauses of these contracts, to demonstrate their effectiveness and practical applicability in the construction industry, in order to achieve their primary objective of keeping the contractual balance between the parties and implement the contract according to their free will upon contracting until the project is completed and delivered for its intended purpose. Accordingly, it is necessary to study one of the most important reasons of disputes in construction contracts, that is related to additional clauses that is linked to changing orders, which will be discussed within this research.

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