contract forms. CNC Vietnam is proud to briefly introduces the comparison between typical rainbow suits (Red Book,
Yellow Book, and Silver Book) which are reputed as the leading contracts in international engineering and construction
projects for both practitioners, (Employers, Contractor), and professional (Lawyers, legal executive, contract executive
etc.) to have a further acknowledgment, and experience.
ISSUE
ISSUE
CONTRACT ADMINISTRATION
The Contract is
administered by the
Engineer (appointed by the
Employer) who shall
determine any claim for
extension of time and
additional payment, certify
payments and issue taking
over and performance
certificates.
The Contract is
administered by the
Engineer (appointed by the
Employer) who shall
determine any claim for
extension of time and
additional payment, certify
payments and issue taking
over and performance
certificates.
ISSUE
RISKS ALLOCATION
A majority of risks is
allocated to the
Contractor under the
Contract, including any
errors in:
1. Errors in the Setting Out
data (Sub-Clause 4.7);
2. Site data (Sub-Clause
4.10);
3. Unforeseeable
difficulties or costs (SubClause 4.12)
The Contractor is expected
ISSUE
DESIGN
ERRORS IN THE EMPLOYERS
REQUIREMENTS
ISSUE
ISSUE
ISSUE
Definitions of intended
purposes of the Works or
any parts thereof,
ISSUE
Prior to the
commencement of the
Tests on Completion, the
Contractor shall submit
to the Engineer the asbuilt documents and
operation and
maintenance manuals in
accordance with the
Specification and in
sufficient detail for the
Employer's Requirements
before submitting the
Tender, the Time for
Completion shall not be
extended and the
Contract Price shall not be
adjusted.
ISSUE
Employer to operate,
maintain, dismantle,
reassemble, adjust and
repair this part of the
Works. Such part shall
not be considered to
be completed for the
purposes of taking over
under Sub-Clause 10.1
[Taking Over of the
Works and Sections] until
these documents and
manuals have been
submitted to the
Engineer.
CONTRACT PRICE
ISSUE
10
ISSUE
11
ISSUE
PAYMENT
Notwithstanding the
provisions of
subparagraph (b),
Contractors Equipment,
including essential spare
parts therefore, imported
by the Contractor for
the sole purpose of
executing the Contract
shall be exempt from the
payment of import
duties and taxes upon
importation.
Price shall be
determined accordingly,
subject to adjustments
in accordance with the
Contract.
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ISSUE
submits a guarantee.
Receiving a Statement
and
Receiving a Statement
and
1. The Performance
Security
1. The Performance
Security
2. a guarantee in
amounts and
2. a guarantee in
amounts and
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ISSUE
14
ISSUE
15
ISSUE
16
ISSUE
EXTENSION OF TIME
ASSOCIATED COSTS
submitted at quarterly
intervals, until the Taking
Over Certificate has been
issued for the Works.
submitted at quarterly
intervals, until the Taking
Over Certificate has been
issued for the Works.
Others.
Others.
A Variation (unless an
adjustment to the Time
for Completion has
been agreed under
Variation Procedure;
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ISSUE
TESTS ON COMPLETION
18
ISSUE
a. PRE-COMMISSIONING
TESTS
a. PRE-COMMISSIONING
TESTS
19
ISSUE
Engineer.
b. COMMISSIONING TESTS
b. COMMISSIONING TESTS
c. TRIAL OPERATION
c. TRIAL OPERATION
20
ISSUE
21
ISSUE
Issue a Taking-Over
Certificate, if the
Employer so requests.
22
ISSUE
23
ISSUE
24
ISSUE
Issue a Taking-Over
Certificate.
Issue a Taking-Over
Certificate.
25
ISSUE
TAKING-OVER
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ISSUE
completed in
accordance with the
Contract, including the
matters described in
Sub Clause 8.2 [Time for
Completion] and except
as allowed in
subparagraph (a) below,
and
completed in
accordance with the
Contract, including the
matters described in
Sub Clause 8.2 [Time for
Completion] and except
as allowed in
subparagraph (a) below,
and
A Taking-Over Certificate
for the Works has been
issued, or is deemed to
have been issued in
accordance with this
Sub-Clause.
A Taking-Over Certificate
for the Works has been
issued, or is deemed to
have been issued in
accordance with this
Sub-Clause.
A Taking-Over Certificate
for the Works has been
issued, or is deemed to
have been issued in
accordance with this
Sub-Clause.
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ISSUE
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ISSUE
completed in
accordance with the
Contract, except for any
minor outstanding work
and defects which will
not substantially affect
the use of the Works or
Section for their intended
purpose (either until or
whilst this work is
completed and these
defects are remedied)
completed in
accordance with the
Contract, except for any
minor outstanding work
and defects which will
not substantially affect
the use of the Works or
Section for their intended
purpose (either until or
whilst this work is
completed and these
defects are remedied)
completed in
accordance with the
Contract, except for any
minor outstanding work
and defects which will
not substantially affect
the use of the Works or
Section for their intended
purpose (either until or
whilst this work is
completed and these
defects are remedied)
29
ISSUE
30
ISSUE
31
ISSUE
If requested by the
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ISSUE
outstanding Tests on
Completion.
outstanding Tests on
Completion.
Be entitled to 20.1
Be entitled to 20.1
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ISSUE
[Contractors Claims] to
payment of any such
Cost plus profit, which
shall be included in the
Contract Price. After this
notice, the Engineer
(3.5) to agree or
determine this Cost and
profit.
Important Notes:
1)
This information has been prepared by CNC as a general guide only and does not constitute advice on any
specific matter. We recommend that you seek professional advice before taking action. No liability can be
accepted by us for any action taken or not taken as a result of this information.
2)
The materials on this Web site may not reflect the most current legal developments, verdicts or settlements and
should not be considered an indication of future results.
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