Consequences of Quantities Increase under Some Civil Codes and FIDIC Red Book

Abstract

The forms of the International Federation of Consulting Engineers (FIDIC) are frequently used in international projects. Numerous construction contracts in the Arab Middle East countries use FIDIC forms because they are well established and recognized in the region. FIDIC forms are based on common law’s concepts, whereas these Arab countries’ legal systems evolved through both civil law and Islamic principles. Administration of FIDIC forms under different legal systems may not lead to the same desired output. This is due to the incorporation of supplementary rules and the probability of contradiction with mandatory rules. Moreover, additional conflicts take place when applying FIDIC forms under different legal systems due to discrepancies in the interpretation of clauses. The FIDIC Red Book form is a remeasured contract to deal with variation of quantities. The Egyptian Civil Code (ECC) allows an termination by an employer for convenience, without entitling contractors to remedies regarding damages and loss of profit, in case of severe increase in quantities. This paper uses a multistep interdependent desktop research methodology by studying the provisions of the FIDIC Red Book within the context of the ECC to develop procedures to resolve such a problem. The conclusions will be applicable to the civil codes of several Arab countries, which are influenced by the ECC. Finally, as long as the terms of FIDIC Red Book deal with the consequences of quantity fluctuation and termination for convenience, they will supersede the supplementary provisions of the civil codes.