In addition, the 4th edition also does not allow to immediately terminate certain cases of failure of the consultant – for example, bankruptcy and corruption. The 4th edition deals with force majeure – or similar to the concept of changing circumstances – in clause 4.2. The 5th edition uses a more well-known approach from subsection 4.6 [Extraordinary Event] which shares the risk of such an event between the client and the consultant. In order to include other matters in an appointment contract, consistency should be ensured both in the use of terminology and in the assignment of tasks and obligations. The parties may have recourse to independent legal advice in connection with the preparation of this contract. Independent legal advice can also help the parties understand their legal obligations, obligations and obligations under the standard contract for services. The 2017 White Book is a big step forward and is much better suited for use by customers than the 2006 version. However, there are still some curiosities that employers and contractors should pay attention to. Fidic has, however, refrained from introducing a “timely” clause. In some GCC countries, the absence of such an obligation will not circumvent the ten-year liability of the advisor for the partial or total collapse of a building (e.g.B. in accordance with Article 880 of the Civil Code of the United Arab Emirates). Subsection 4.5 of the 5th edition provides that the consultant reviews the program if the client does not reasonably expect the project to be completed on time.
However, the 5th edition does not yet contain a clear obligation to use the services promptly. Nor does it receive liability for damages in the form of delay damages if the services are not provided within the completion period. There are no clear deadlines in the amendment procedure for tabling amendments, nor is there a clearly defined methodology for the explanatory statement or evaluation. The clause may also limit the customer`s right to omit part of the services. The need to negotiate a modification fee agreement may delay a project if the consultant is not required to begin the varied service until an agreement has been reached. Clause 5 of the 5th edition follows the traditional variation clauses found in construction contracts. It provides that the changes must be relevant to the services without materially changing the scope or nature of the services. The client is entitled to: a termination clause is an essential element of any consulting contract and usually contains important safeguards for clients and consultants. This makes it more difficult to determine the liability of consultants than when it is sufficient to prove an infringement. With respect to termination for convenience, the 5th edition allows a shorter period for the advisor`s right to terminate after the client`s suspension for convenience. It provides that if services have been suspended for more than 168 days, the advisor may terminate after 14 days.
This is compared to the 4th edition, in which the consultant can terminate the client with a period of 56 days if the services have been suspended for more than 182 days. The 5th edition distinguishes the effects of termination, for convenience, from termination for the default of the advisor. Sub-cause 4.3 of the 5th edition requires the advisor to provide a program within 14 days of the start. It also specifies that the programs contain the order and timing of services, key dates for the provision or provision of certain parts of the services, as well as key dates for decisions, authorizations or information from the client to the advisor. . . .