1- Seeking the assistance of a lawyer: It is advisable to consult a lawyer specializing in contracting contracts to ensure the comprehensiveness of the contract and protect the interests of all parties.
2- Legal system: The legal requirements for contracting contracts may vary from one country to another, so it is important to take into account the applicable local laws.
3- Linguistic review: The contract must be linguistically reviewed to ensure the accuracy of meaning and clarity of wording.
4- Attached documents: Ensure that all documents attached to the contract (such as drawings and specifications) are up to date and consistent with the contract.
5- Customization: This form must be customized to suit the nature of the specific project and the special requirements of both parties.
Construction contracts play a vital role in ensuring project success. Below is a comparison of the key attributes of three widely used contract types: AIA, NEC, and FIDIC.
AIA Contract: A standard set of American contracts designed mainly for construction projects in the United States. It offers a variety of forms tailored to meet different project needs.
NEC Contract: A flexible contract system emphasizing cooperation and communication, customizable to suit any project requirements.
FIDIC Contract: A globally recognized set of contracts tailored for large, complex infrastructure projects. It covers a wide range of risks and provides a unified framework for contracting parties.
AIA Contract: Emphasizes the contractual relationship between the owner and the contractor, offering various forms for different project scenarios.
NEC Contract: Focuses on fostering cooperation and communication among parties to achieve the desired project outcomes.
FIDIC Contract: Centers on risk allocation and defining clear responsibilities while ensuring a comprehensive project management structure.
AIA Contract: Offers a flexible structure, allowing modifications to suit project-specific needs.
NEC Contract: Built on modular components that can be assembled to meet diverse project requirements.
FIDIC Contract: Features a unified and integrated structure, addressing all stages of the project from design to delivery.
AIA Contract: Includes mechanisms for identifying and allocating risks, though it may be less detailed compared to FIDIC.
NEC Contract: Provides flexibility in distributing risks, allowing customization based on the agreement between parties.
FIDIC Contract: Offers clear mechanisms for risk identification and allocation, emphasizing assignment to the party best equipped to manage them.
AIA Contract: Supports various payment options, such as payments based on quantities, units, or time.
NEC Contract: Allows great flexibility in defining payment terms, customizable by mutual agreement.
FIDIC Contract: Similar to AIA, it provides diverse payment options, including payments based on quantities, units, or time.
AIA Contract: Contains mechanisms for change management, though it may lack the detailed approach of FIDIC.
NEC Contract: Highly flexible, allowing quick and effective implementation of changes.
FIDIC Contract: Establishes clear procedures for managing changes, including approval processes.
AIA Contract: Offers dispute resolution mechanisms such as arbitration or legal action.
NEC Contract: Provides adaptable mechanisms for dispute resolution, encouraging collaborative solutions.
FIDIC Contract: Similar to AIA, it includes arbitration and judicial options for resolving disputes.
AIA Contract: Ideal for US-based projects, offering a variety of forms and simplicity in use.
NEC Contract: Highly flexible, adaptable to any project type, easy to understand, and promotes cooperation.
FIDIC Contract: Globally trusted, offering a reliable framework, minimizing disputes, and ensuring legal protection.
Each of these contracts serves distinct project needs: AIA is suited for US-based projects, NEC prioritizes flexibility and collaboration, and FIDIC is ideal for large-scale global projects. Selecting the right contract depends on the project's scope, location, and specific requirements.