Chapter 413 A classic case about toilets

The so-called "FIDIC" is actually the French abbreviation of an international organization called "International Federation of Consulting Engineers" (FIDIC). The so-called FIDIC clause is actually a kind of standard construction and the same model concocted by this organization.

Well, let's put it this way, the FIDIC clause is not a law, nor is it a regulation, but it is an "international practice", that is, the kind of "international practice" that everyone often talks about.

It is an "international practice" formulated by the Western world, reflecting the Western humanistic environment, and forming in accordance with the spirit of Western law popularization.

The FIDIC clause has a very high status in the international engineering community, quite high! Such a clause has even been called the "bible" of international contracting projects by some people. It is claimed to gather hundreds of years of experience in the civil engineering and construction industry of western developed countries, and is a contract model and management model that perfectly combines engineering technology, law, economy and management.

Since it is a "national practice", Li Huayong, who has been engaged in this work for a long time in his previous life, is naturally no stranger to this thing. Especially in the current era, Li Huayong thinks that there may not be many people in China who are more familiar with this thing than himself.

It was precisely for this reason that when he saw that this "Yangpeng Expressway" was also preparing to come according to this "international practice", Li Huayong smiled, and he smiled from the bottom of his heart.

The reason why Li Huayong smiled so happily is that it starts with the characteristics of the FIDIC clause, and when it comes to the biggest feature of the FIDIC clause, of course, familiar peers know that the FIDIC clause is actually a key word: engineering claims.

Li Huayong often jokingly thinks that maybe all science and engineering men have a tendency to have a little obsessive-compulsive disorder, such as this Fidic clause. This is an "international practice" with severe obsessive-compulsive symptoms.

Because this clause was made up by a group of engineers in the West, in other words, by a group of science and engineering men, it is precisely for this reason that this thing, known as the "Bible of International Contracting Projects", is full of a strong sense of obsessive-compulsive disorder.

Li Huayong himself has a little bit of obsessive-compulsive disorder, so of course he doesn't think obsessive-compulsive disorder is completely bad. For example, this Fidic clause is widely recognized as having two major advantages:

First, the context is clear, the logic is strong, the division of risk sharing between the contractor and the owner is fair and reasonable, and there is no ambiguity as much as possible, and there is no gap for either party.

Second, the responsibilities and powers of the contractor, the owner and the engineer are clearly stipulated, so that the obligations and powers of both parties to the contract are clearly defined, and the responsibilities and powers of the engineer are clear, which can avoid too many disputes and claims in the implementation of the contract, and play a role in mutual restraint.

Let's see, judging from this evaluation alone, does this have a strong atmosphere of science and engineering men? Is it an advantage for people with obsessive-compulsive disorder?

As for the shortcomings of obsessive-compulsive disorder patients, of course, there is nothing to say, and everyone should know that this kind of person often likes to drill the horns. In the local dialect of Hunan Province, this kind of person likes to "mix barbarians". As for the FIDIC clause, Li Huayong thinks that the latter description may be more appropriate, which is a very "barbaric" clause.

It is precisely because the FIDIC clause is too "barbaric" that the highest goal of this clause is actually to try to explain everything in the construction of the project clearly with a paper contract, because of this pursuit, this clause is extremely complicated, and all kinds of provisions are very detailed, which is the most cumbersome of all kinds of contract models.

In his early years, Li Huayong had seen the most complicated version, and even what kind of calculator the field engineer needed to equip would be clearly stipulated in the contract.

Don't think that detailed regulations are necessarily a good thing, we have an old Chinese saying called too much. Li Huayong has always believed that the FIDIC clause is precisely because the various provisions are too detailed and tries to be comprehensive, which is its biggest shortcoming, which can be regarded as a typical representative of the kind of "excessive".

You must know that in the construction process of a project, even if the so-called "force majeure factors" such as war and earthquake are excluded, there are many situations that cannot be foreseen, and even at the extreme, no matter how clever the engineer is, he cannot predict all the things that may happen.

It is precisely for this reason that in later generations, all projects that implement the FIDIC clause have been subject to engineering claims.

Originally, according to the original intention of the FIDIC clause, the reason why it made the contract clause so cumbersome was to avoid possible disputes during the execution of the contract and prevent the occurrence of engineering claims. But Li Huayong knows that the reality is not the case, in the future, the more the implementation of the FIDIC clause of the project, the more various engineering disputes seem to be, when everyone mentions this clause, the first thing that comes to mind is the engineering claim. I don't know if it is ironic that engineering claims have even become the first keyword of this clause.

Originally, Li Huayong, a polytechnic man who is also a patient with mild obsessive-compulsive disorder, has been unable to figure it out, and he doesn't understand why this is the case. It wasn't until he had heard of a classic claim case in the industry that he had heard about a classic claim case in the industry, and he had some understanding.

This case is as much related to toilets as it is to the origins of real estate.

It is said that there was a project in China where the contractor filed a claim against the owner because of the toilet problem at the construction site.

The owner at that time was confused, this toilet is fine, on what grounds do you claim compensation?

Contractor: This toilet is too far away from our workers' living quarters, so we are asking for compensation.

Owner:.......

Contractor: We did the layout on site according to your requirements, and you did it according to FIDIC terms, but now we find that the toilet is so far away that our workers need to spend more time than usual every time they go to the toilet. Based on the calculation of our entire construction site of 300 workers, each worker wastes half an hour a day on the toilet, and I now ask you to compensate us for this lost time.

Owner:.......

Is this story true? Li Huayong did not verify it, but he guessed that most of it was false, and it was probably a joke made up by a certain expert in the industry. Li Huayong even speculated that this master was probably an experienced teacher at the university, and he wanted to explain the pros and cons of the Qing Fidick clause to his students, so he made up such a vivid example.

The reason why Li Huayong thinks this example is "vivid" is because if such a case really occurs in reality, if everyone strictly enforces the FIDIC clause, then there is really nothing to say, and the owner must really compensate others for lost work expenses.

Well, although Li Huayong himself has always been a contractor, in this matter, even he has to admit that such a thing can only be regarded as "reasonable" and cannot be called "reasonable."

So where is the root of this "reasonable unconscionability"? There is no doubt that the root cause lies in the Fidic clause itself.

What is called too much, this is called too much. What does it mean to have nothing to do, this is called nothing to look for. And this, in fact, is the biggest weakness of the FIDIC clause.

This is easy to understand, when Li Huayong saw that this Yangpeng Expressway was ready to implement the Fidic terms, he would smile so happily, and now his desire to win the bid is getting stronger and stronger.

"Hehe Chen Sheng, now I have to trouble you to do something. ”

"Yong, you say. ”

Li Huayong instructed Chen Ting:

"You should go and inquire now, in addition to us, which other units have also purchased bids. ”