A Study on Management of Contract Conditions of Yen Loan Projects in Philippine and Vietnam
Bibliographic Information
- Other Title
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- フィリピン及びベトナムにおける円借款事業の契約条件の運用実態調査
- フィリピン オヨビ ベトナム ニ オケル エン シャッカン ジギョウ ノ ケイヤク ジョウケン ノ ウンヨウ ジッタイ チョウサ
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Abstract
FIDIC conditions of contract are used in many cases as general conditions for public works funded by Japanese yen loan, but there are cases where the particular conditions are written as to add some special clauses or change some clauses of FIDIC general conditions based on their own current contract conditions and customs, which will lead to restriction of rights and duties of the Engineer and Contractor. This paper focuses on yen loan projects in Philippine and Vietnam, and describes the actual contract management of FIDIC conditions of contract from the viewpoints such as: a) relationship between Client, Contractor and the Engineer b) claim for rights and contract managements. Based on interviews to parties concerned and literature reviews of public works concerned, contractor's rights are granted relatively wider in yen loan projects compared with locally-funded projects. However, it is also observed that the Engineer's rights are restricted by particular conditions, which is written in line with their own public procurement policies of both countries. Some discussions are added how these local procurement policies affect the implementation of FIDIC conditions of contract, and clarified what are the differences of contract management between both countries.
Journal
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- Journal of Japan Society of Civil Engineers, Ser. F4 (Construction and Management)
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Journal of Japan Society of Civil Engineers, Ser. F4 (Construction and Management) 67 (4), I_263-I_272, 2011
Japan Society of Civil Engineers