ABSTRACT
The goal for the owner/employer is that the project will be built on time and on budget and be free of major claims, delay and disputes. Most construction disputes are bound by the rules and procedures set out in the underlying contracts of which most, if not all, are based upon one standard form or another and all of which provide for various forms of dispute resolution. There are many sources of standard form contracts in the construction industry. Internationally, there are those form contracts issued by the Federation Internationale des Ingenieurs Conseils (FIDIC). The problem in using standard form contracts is that they leave open many areas where error can occur, particularly if lay individuals prepare them, i.e. those not experienced in the nuances of construction contracting. Issues include the availability of financing, the amount of risk the employer wants to undertake and conversely how much risk any potential contractor wants to assume.
