【正文】
three Adjudicators(independent experts engineers experienced in dispute resolution) will provide a binding first instance decision on all eventual disputes that might occur between Contractor and Employer during the Contract. Any appeal (., lawsuits) from this decision will only be possible after the pletion of the works。ration Internationale des Ing233。 and package 3, excluding Injection Tunnel TI8, to the Anglo French consortium of Taylor Woodrow, Amec and Spie Batignolles. The construction contract for Injection tunnel TI8 will be placed on the Swiss market only. 2. TYPES OF CONSTRUCTION CONTRACTS: One of the critical factors for the success of the procurement and subsequent management of largeconstruction projects is the Contract strategy, ., the type of Contract to adopt. Knowing thatCERN’s past experience in this field was not entirely successful and given CERN’s characteristics in terms of organization and work procedures, we were able to identify several potential weaknesses in CERN that could undermine our position as Employer (client). It was obvious that this potential weakness should be removed from the Contract. The Contract is a document that defines the ‘Scope of Services’ and is posed by two interdependent parts: (i) the Legal and Commercial Section, entitled the Form of Contract, and (ii) the Technical Section. The Technical Section is where the ‘Scope of Services’ or the ‘Product’ is fully described in terms of layout, specifications, requirements, planning and risks. In the Form of Contract are stated the Contract management rules, the role and interfaces of each party and where is allocated the inherent Contract risk. Several types of Contracts are monly used in the construction industry: (i) Costplus Contracts, which contractors are reimbursed for the direct construction costs plus an agreed profit premium (usually a percentage of the direct construction costs)。 de France and Knight Pi233。a CastelBranco ST Division – Civil Engineering Group (ST/CE) CERN, Geneva, Switzerland Abstract: The contracts for the civil engineering construction of the LHC are basedupon the standard FIDIC (F233。d233。sold of the United Kingdom. Package 2 was awarded to a joint venture of Gibb (United Kingdom), SGI (Switzerland) and Geoconsult (Austria), and 3 package 3 to a joint venture of Brown amp。 (ii) Remeasurement Contracts, based on a Bill of Quantities and a series of unit rates。nieurs Conseils),which is a reputable supranational and worldwide Federation of Consulting Engineers focused inthe definition and regulation of the role of many parties involved with the International Construction Industry. One of FIDIC’s documents is the ‘Conditions of Contract for Works of Civil Engineering Construction’1, which is a model Form of Contract for civil engineering the fact that (i) FIDIC is internationally known。 (ii) The Contractor will bear some of the risk attached to ‘unforeseen ground conditions’, which is always a source of disputes (valid only for package 2。 (v) The defects liability period will be extended from two to ten years. As a direct result of CERN’s status as an intergovernmental Organization and its internal purchasing and administrative rules, an additional modification needed to be introduced. This basically impacted the overall spirit of FIDIC document and had to do with the role of each party to the Contract. FIDIC’s standard documents provide the ‘Engineer’ (Consultant’s construction manager, responsible for the whole site supervision) with the power of not only instructing any necessary variations to the works, but also evaluate and certify contractor’s invoices. In other words, mitting funds of the Employer. Since this procedure conflicts with CERN’s rules, it was necessary to considerably reduce the powers of the ‘Engineer’ under the Contract increasing accordingly the Employer’s role (see 167。2, byseveral interdependent documents, such as the Form of Contract, the Drawings, the Specifications,the Planning, the Milestones and Penalties, the Bill of Quantities, the Safety Plan and Applicable Safety Legislation, etc. This means that any weakness and/or major changes in one of the above will provide the contractor with a possible bargaining position which we tried to avoid with the modified Form of Contract. 6. CONCLUSIONS: We attempted to provide an overall picture on Construction Contracts in general and LHC Construction Contracts in particular. It should be pointed out that the ments made on risk, uitability and flexibility of the contract should be regarded as a general indication only. Obviously, this highly depends,