Application of FIDIC Contracts under the Egyptian Civil Code

Abstract

This research discusses the application of Fédération Internationale des Ingénieurs-Conseils (FIDIC) contracts (87 and 99) when governed by Law No. 131 of 1948 promulgating the Egyptian Civil Code (ECC). Whereas several construction contracts in Egypt face conflicts arising from the application of FIDIC under the Egyptian Law, this research addresses some of the important issues, such as the force majeure, termination, interest charges, and subcontracting to manifest the similarities and differences between the FIDIC clauses and the ECC articles and explain how a contract in such conditions would be administered. This research also addresses the notice provision time bar subject, which has always been considered to be a debatable subject and has usually been an essential issue in lots of claims and disputes. The writers conclude that among these five important issues, the subcontracting is the only issue that does not impose any contradiction between FIDIC and ECC, whereas the termination issue entails some of the events that would highlight some contradictions. As for the other three issues, force majeure, interest charges and notice provision, contradictions and consequently possible disputes were present. Because of the nature of this research, the authors follow the desktop analysis approach, which would enable readers to understand the conflicted clauses/articles of the aforementioned issues. Recommendations are put forward in this research for the conflicted clauses.