ABSTRACT
Prior to drafting the tender documents for a Federation Internationale des Ingenieurs-Conseils 2017 Contract, the Employer must first decide on his procurement strategy. If the Employer sees time as being the most important factor, he may have to pay a higher cost, and quality may lower in order to achieve his time objective. All Employers will have some form of budget, some budgets are tighter than others, but the price they can, or want to pay, will always be a major consideration, particularly if the Employer requires a return on his investment. Finally, quality will always be a major factor. In some countries the local courts will uphold a governing law of the Contract, which is not the local law, as long as it does not directly conflict with the local law. The concept of “good faith” is often applicable to jurisdictions, including requirements and restrictions in respect of equity and unjust enrichment.
