i-law

FIDIC Contracts in Asia Pacific - A Practical Guide to Application


Page 551

Glossary

Dr Donald Charrett practises in construction law as an arbitrator, mediator, dispute board member and expert. Prior to becoming a lawyer, he worked as a consulting engineer for over 30 years. He has published widely on legal and engineering subjects, including as the author/joint author/editor of five books on construction law.
Term Meaning Defined in Section
1977 Red Book FIDIC 1 Conditions of Contract for Works of Civil Engineering Construction Third Edition 1977. 1.3.1
1987 Red Book FIDIC Conditions of Contract for Works of Civil Engineering Construction Fourth Edition 1987. 1.3.1
1987 Yellow Book FIDIC Conditions of Contract for Electrical and Mechanical Works Third Edition 1987 1.3.1
1995 Orange Book FIDIC Conditions of Contract for Design-Build and Turnkey First Edition 1995. 1.3.1
1999 Arrangement The Arrangement Concerning Mutual Enforcement of Arbitral Award Between the Mainland and Hong Kong (1999). 9.2.5
1999 Red Book FIDIC Conditions of Contract for Construction First Edition 1999. 1.3.1
1999 Silver Book FIDIC Conditions of Contract for EPC/Turnkey Projects First Edition 1999. 1.3.1
1999 Yellow Book FIDIC Conditions of Contract for Plant and Design-Build First Edition 1999. 1.3.1
2017 Red Book FIDIC Conditions of Contract for Construction Second Edition 2017. 1.3.1
2017 Silver Book FIDIC Conditions of Contract for EPC/Turnkey Projects Second Edition 2017. 1.3.1
2017 Yellow Book FIDIC Conditions of Contract for Plant and Design-Build Second Edition 2017. 1.3.1
AABE The Act on Architects and Building Engineers (Act No 202 of 1950) (Japan). 12.6.9
ABCC Australian Building and Construction Commission. 6.2.3
ABLIS Australian Business Licence and Information Service. 6.2.2
Abrahamson Principles Principles of fair and balanced risk allocation, articulated in Max W Abrahamson, ‘Risk Management’ (1983) International Construction Law Review 241, 244. 2.4
Accepted Contract Amount FIDIC definition (Red,2 Pink, Yellow,3 Gold and Emerald Books). FIDIC GCs
ACESL Association of Consulting Engineers Sri Lanka. 20.2.3
ACI Arbitration Council of India. 10.2.8
ACL Australian Consumer Law. 6.10.1
adhesion contract A contract in which its essential clauses are imposed or are drafted by one party, by a third person especially for a party, or as a result of its instructions, the other party having only the possibility to accept the contract as such.  
ADR Alternative dispute resolution alternative to resolution by litigation in court.  
ADR Law Alternative Dispute Resolution Act (Philippines). 18.1.3

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Advance Payment Certificate
FIDIC definition (2017 Red, 2017 Yellow and Emerald Books). FIDIC GCs
Advance Payment Guarantee FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver4 and Emerald Books). FIDIC GCs
AFP Armed Forces of the Philippines. 18.1.1
AIAC Asian International Arbitration Centre (Malaysia). 14.2.9
amiable compositeur The power given by parties to an arbitrator to decide a dispute equitably or ex aequo et bono without strict regard to the rules of law that would otherwise apply.  
Antitrust Act Act on Prohibition of Private Monopolisation and Maintenance of Fair Trade (Act No 45 of 1947) (Japan). 12.2.7.1
APCS Advanced Precast Concrete System (Singapore). 19.2
APEC Asia-Pacific Economic Cooperation Forum. 14.2.3
Appendix to Tender FIDIC definition (1987 Red, 1999 Red and 1999 Yellow Books). FIDIC GCs
ARTC Act on the Regulation of Terms and Conditions (Korea). 13.6.5
ASEAN Association of Southeast Asian Nations. 14.2.1
Authorised Dealer Authorised dealer in foreign exchange appointed by the Central Bank. (Papua New Guinea). 17.6.5
Authorised Person An Architect, Engineer or Surveyor registered under the Hong Kong Buildings Ordinance. 9.6.4
Bank FIDIC definition (Pink Book). FIDIC GCs
Base Date FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Basic Law Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China. 9.1.1
BBB The Build Build Build Infrastructure Program (20162022) (Philippines). 18.2.1
BCA Building and Construction Authority (Singapore). 19.2
BCISPA Building and Construction Industry Security of Payment Act 1999 (NSW) (Australia). 6.6.1
BDD Building Dispute Department (kenchiku-bu) of the Tokyo and Osaka District Courts (Japan). 12.2.10.2
Bill of Quantities FIDIC definition (1987 Red, Red, Pink and Emerald Books). FIDIC GCs
BIM Building information modelling or building information management. 4.8
Blue-Green Book FIDIC Form of Contract for Dredging and Reclamation Works First Edition 2006, Second Edition 2016. 1.3.1
BNM Bank Negara Malaysia. 14.3.1
BOO Build-Own-Operate. 10.2.1
BOOT Build-Own-Operate-Transfer. 10.2.1
BoQ Bill of Quantities.  
Borrower FIDIC definition (Pink Book). FIDIC GCs
BOT Build-Operate-Transfer. 10.2.1
BPKP Financial and Development Supervisory Agency (Indonesia). 11.5.3.2
BS Bikram Sambat calendar used officially by the Government of Nepal. It is a solar calendar based on Hindu traditions. 15.1.1
BSA The Building Standards Act (Act No 201 of 1950) (Japan). 12.6.9
BUJKA Foreign construction services business entity (Indonesia). 11.2.1
Bumiputra Native Malays (Malaysia). 14.6.6
causa A lawful cause required for the existence of a contract in a civil law system.  
CAM Court-Annexed Mediation (Philippines). 18.1.3
CAN Contractors Association of Nepal. 15.2.1
CAR Contractors All Risk insurance policy. 10.2.2.4
CBA Construction Business Act (Act No 100 of 1949) (Japan). 12.2.2.1
CBDC Construction Business Development Council (Nepal). 15.2.1

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CCI
Chamber of Construction Industry. (Sri Lanka) 20.2.3
CCP Civil Code of the Philippines. 18.4.1
CCP Code of Civil Procedures (Act No 109 of 1996) (Japan). 12.1.3
Central Bank The Bank of Papua New Guinea, exercising regulatory power in respect of foreign exchange control under the Central Banking Act 2000 (PNG) (Papua New Guinea). 17.6.5
CIAC Construction Industry Arbitration Commission (Philippines). 18.2.10.1
CIAP Construction Industry Authority of the Philippines. 18.2.2
CIAP 102 Uniform General Conditions of Contract for Private Construction (Philippines). 18.2.9
CIArb Chartered Institute of Arbitrators. 14.2.9
CIC Fiji Construction Industry Council. 8.2
CIDA Construction Industry Development Authority (Sri Lanka). 20.2.2
CIDB Construction Industry Development Board (Malaysia). 14.2.2
CIETAC China International Economic and Trade Arbitration Commission. 7.2.9
CIM BIM like technologies (Japan). 12.2.6
CIICA Centre for International Investment and Commercial Arbitration (Pakistan). 16.2.2
CIMP Construction Industry Master Plan (Malaysia). 14.2.2
CIRP Corporate Insolvency Resolution Process (India). 10.2.6
CITF Construction Innovation and Technology Fund (Hong Kong). 9.2.2
CITP Construction Industry Transformative Plan (Malaysia). 14.2.2
civil law A system of law in which the laws are codified in a large number of general rules and principles. 1.1.2
CLAB Construction Labour Exchange Centre (Malaysia). 14.2.2
Claim FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
CLQ Centralised Labour Quarter (Malaysia). 14.3.1
CMCO Conditional Movement Control Order (Malaysia). 14.3.1
CNI Confederation of Nepalese Industries. 15.2.8
Commencement Date FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
common law The body of law developed by judges from around the 11th century in England, and later exported to its various colonies such as Canada, the USA, Australia, Fiji, Hong Kong, India, Malaysia and Singapore. 1.1.2
Completion Schedule FIDIC definition (Emerald Book). FIDIC GCs
Compliance Verification System FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
Conditions of Contract FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
Construction Work Contract A contract for construction works regulated by Law No 2 of 2017 Construction Services (Indonesia). 11.4.1
Contract The construction contract being referred to. 1.1.1
Contract FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Contract Agreement FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Contract Data FIDIC definition (2017 Red, Pink, 2017 Yellow, 2017 Silver, Gold and Emerald Books). FIDIC GCs
contract of adhesion See adhesion contract.  
Contract Participants All the persons referred to in a FIDIC Contract. 2.4

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Contract Price
FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Contract Risk Management Plan FIDIC definition (Emerald Book). FIDIC GCs
Contract Risk Register FIDIC definition (Emerald Book). FIDIC GCs
Contractor The party to a construction contract (the Contract) who carries out the work. 1.1.1
Contractor FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Contractor’s Documents FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Contractor’s Equipment FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Contractor’s Key Equipment FIDIC definition (Emerald Book). FIDIC GCs
Contractor’s Key Personnel FIDIC definition (Emerald Book). FIDIC GCs
Contractor’s Personnel FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Contractor’s Proposal FIDIC definition (Yellow, Gold and Emerald Books). FIDIC GCs
Contractor’s Representative FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Cost FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Cost Plus Profit FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver, Gold and Emerald Books). FIDIC GCs
Country FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Covid-19 Act Covid-19 (Temporary Measures) Act 2020 (Singapore). 19.3.2.1
CPEC China Pakistan Economic Corridor. 16.2.1
crore Ten million (India, Sri Lanka). 10.2.7
CTEVT Council of Technical Education and Vocational Training (Nepal). 15.2.4
curial law The law governing the existence and operation of the arbitral tribunal, generally the law of the seat of arbitration. Also known as the lex arbitrii. 1.5.5
DAAB Dispute Avoidance/Adjudication Board. FIDIC GCs
DAAB Agreement FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
DAB FIDIC definition (1999 Red, 1999 Yellow, 1999 Silver and Gold Books). FIDIC GCs
Date of Completion FIDIC definition (Red, Yellow, Silver and Emerald Books). FIDIC GCs
day FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Daywork Schedule FIDIC definition (Red, Pink, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
DB FIDIC definition (Pink Book). FIDIC GCs
Defects Notification Period FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). FIDIC GCs
Delay Damages FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
dekigata The product being produced from the Works (Japan). 12.9.1

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Delayed Payment Act
The Act against Delay in Payment of Subcontract Proceeds, Etc. to Subcontractors (Act No 120 of 1956) (Japan). 12.4.1
design All plans, drawings, sketches, instructions, and descriptions that determine the way the Works (or parts of it) are to be constructed. Design includes the writing or selection of specifications as well as the production of plans and drawings and any element of choice on the part of the designer, such as requirements as to materials or working methods.  
design contract A contract for the preparation of a design to be constructed under a construction contract.  
Dewan Sengketa Dispute Board (Indonesia). 11.10.1
DILG Department of Interior and Local Government (Philippines). 18.3.1
Dispute FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver, Gold and Emerald Books). FIDIC GCs
Dispute Avoidance /Adjudication Board FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
Dispute Adjudication Board A Dispute Board that provides a provisionally binding decision on a dispute referred to it; if neither party issues a notice of dissatisfaction within a defined time, the decision becomes final and binding.  
Dispute Board A panel of one or three suitably qualified and experienced independent persons appointed under the Contract to provide a determination of a dispute referred to it. A Dispute Board may be a Dispute Avoidance/Adjudication Board (DAAB), a Dispute Adjudication Board (DAB), a Dispute Review Board (DRB) or a Dispute Resolution Board (DRB).  
DNP Defects Notification Period. FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
doctrine of separability The generally recognised principle of the law of international arbitration that an arbitration agreement incorporated in a contract is treated for legal purposes as a separate and independent agreement for the purpose of determining its validity or enforceability. 1.5.6
DOH Department of Health (Philippines). 18.3.1
DOJ Department of Justice (Philippines). 18.2.10.1
DOLE Department of Labor and Employment (Philippines). 18.2.4
DOSH Department of Occupational Safety and Health (Malaysia). 14.2.6
DOTr Department of Transportation (Philippines). 18.3.1
DPWH Department of Public Works and Highways (Philippines). 18.3.1
Drawings FIDIC definition (1987 Red, Red and Pink Books). FIDIC GCs
DRB Dispute Review Board or Dispute Resolution Board. 15.2.11
DRC Dispute Resolution Committee. 15.2.11
DTI Department of Trade and Industry (Philippines). 18.2.2
DWSS Digital Works Supervision Systems (Hong Kong). 9.2.2
EA Project Executing Agency (Japan). 5.3.1
East Coast model The scheme of statutory adjudication legislated in the New South Wales, Queensland, South Australia, Victoria, Tasmania and the Australian Capital Territory (Australia). 6.6.1
ECQ Enhanced Community Quarantine (Philippines). 18.3.1
ECSL Engineering Council of Sri Lanka. 20.2.3
EIA Environmental Impact Assessment Notification 2006 issued by Ministry of Environment and Forest under the Environment (Protection) Act 1986 (India). 10.2.2.5
EMCO Enhanced Movement Control Order (Malaysia). 14.3.1

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Emerald Book
FIDIC Conditions of Contract for Underground Works, First Edition 2019. 1.3.1
Employer The party to a construction contract for whom the work is done. Also referred to as the Principal or sometimes the Owner or Client. 1.1.1
Employer FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Employer’s Equipment FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Employer’s Personnel FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Employer’s Representative FIDIC definition (2017 Silver and Gold Books). FIDIC GCs
Employer’s Requirements FIDIC definition (Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Employer-Supplied Materials FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
ENAA Engineering Advancement Association (Japan). 12.2.9.2
ENAA-Domestic ENAA General Conditions for Domestic Plant Construction Work (last amended in 2020) (Japan). 12.2.9.2
ENAA-Internationals International construction contract forms published by ENAA (Japan). 12.2.9.2
Engineer FIDIC definition (1987 Red, Red, Pink, Yellow and Emerald Books). FIDIC GCs
Engineer’s Representative FIDIC definition (1987 Red, 2017 Red, 2017 Yellow and Emerald Books). FIDIC GCs
EOT Extension of time.  
EPB Earth pressure balance tunnelling machines. 4.1
EPC contract Engineer, procure and construct contract. A construction contract (also referred to as a turnkey contract) in which the Contractor takes total responsibility for the engineering (design), procurement and construction, and provides a fully equipped facility ready for operation (at the turn of the key). 1.1.1
EPCM contract Engineer, Procure and Construction Management contract. A construction contract in which the Contractor, as Construction Manager, designs, procures and manages the construction as agent of the Employer. 1.1.1
ePenjana National Short-Term Economic Recovery Plan (Malaysia). 14.3.1
ESS Employment Support Scheme (Hong Kong). 9.3.1
ex aequo et bono A Latin phrase meaning according to the right and good. 11.12
exequatur An official recognition by a government of a consul or other representative of a foreign state, authorising them to exercise office (Latin). 21.5.3.2
Excavation FIDIC definition (Emerald Book). FIDIC GCs
Exceptional Event FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver, Gold and Emerald Books). FIDIC GCs
Extension of Time or EOT FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
FATA Federally Administered Tribal areas (Pakistan). 16.1.1
FCAN Federation of Contractors Association of Nepal. 15.2.1
FDI Foreign Direct Investment. 10.2.3
FIDIC International Federation of Consulting Engineers (Fédération Internationale des Ingénieurs-Conseils). 1.3.1

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FIDIC
FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
FIDIC Golden Principles The essential features of a FIDIC Contract that make the risk/reward allocation fair and balanced. 2.1
Final Payment Certificate or FPC FIDIC definition (1987 Red, Red, Pink, Yellow and Emerald Books). FIDIC GCs
Final Statement FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). FIDIC GCs
force majeure In civil law, force majeure applies to situations where the performance of a contract is substantially impossible, not merely something different from what was originally contemplated by the parties. In civil law systems, force majeure operates independently of party agreement, which means that it will protect an obligee even if the contract does not contain a force majeure clause.  
Force Majeure FIDIC definition (1999 Red, Pink, 1999 Yellow and 1999 Silver Books). FIDIC GCs
Foreign Currency FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Forex Manual Foreign Exchange Manual published by the Central Bank. Papua New Guinea). 17.6.5
fukakoryoku Force majeure (Japan). 12.6.11
Fundamental Change in Circumstances A civil law principle similar to the principle of frustration of contract in common law countries. If the circumstances change fundamentally after the execution of a contract so that the performance of the contract would be onerous for one Party, that Party has the right to terminate the contract or to modify some articles of the contract. 7.10.2
Gam-Li A third-party supervisor of a construction contract. Gam-Li under the Construction Technology Promotion Act applies to construction projects in which the Employer is a State, a Local Government, or a public institution, and Gam-Li of the Building Act applies to private construction projects (Korea). 13.10.1
GBR Geotechnical Baseline Report. FIDIC definition (Emerald Book). FIDIC GCs
GCCC General Conditions for Construction Contract (last amended in April 2020) published by the Committee of Seven Associations of Architects and Contractors (Japan). 12.2.9.2
GCDB General Conditions for Design/Build Contract published by the Japan Federation of Construction Contractors. 12.2.9.2
GCQ General Community Quarantine (Philippines). 18.3.1
GCs General Conditions. FIDIC definition (Emerald Book). FIDIC GCs
GDP Gross Domestic Product.  
GDFCF Gross domestic fixed capital formation. 9.3.1
GDR Geotechnical Data Report. FIDIC definition (Emerald Book). FIDIC GCs
General Conditions FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
General Exemption The broad, general but conditional exemption to foreign exchange regulations under the Central Banking Act promulgated by the Central Bank in 2007. A key condition to the General Exemption is a requirement to comply with the Forex Manual. (Papua New Guinea). 17.6.5

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Geotechnical Baseline Report or GBR
FIDIC definition (Emerald Book). FIDIC GCs
Geotechnical Data Report or GDR FIDIC definition (Emerald Book). FIDIC GCs
GFI Government Financial Institution (Philippines). 18.2.7
giso-ukeoi Camouflaged Contractor (Japan). 12.2.3
GNP Gross National Product.  
GOCC Government-Owned and Controlled Corporation (Philippines). 18.2.7
Gold Book FIDIC Conditions of Contract for Design, Build and Operate Projects First Edition, 2008. 1.3.1
Goods FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
GoN Government of Nepal. 15.2.1
governing law of the contract The law that governs the Parties contractual relations. Also known as the proper law of the contract. 1.1.6
GPs FIDIC Golden Principles. 2.1
Green Book FIDIC Short Form of Contract First Edition, 1999. 1.3.1
Green Card Construction Personnel Registration Card issued by CIDB (Malaysia). 14.2.6
Hague Principles Principles on Choice of Law in International Commercial Contracts (2015) published by the Hague Conference on Private International Law. 3.2.1
haken-rodo Labour hire (Japan). 12.2.3
HKIAC Hong Kong International Arbitration Centre. 9.2.5
Head Contract A contract for construction of a facility between the owner or user of the facility (Employer) and a contractor (Contractor) who takes responsibility for construction of the complete Works in accordance with the requirements of the Contract. The Contractor generally employs one or more Subcontractors to execute some (but not all) of the Works. 1.1.1
HPS Self-estimated Price (Indonesia). 11.6.4
i-construction BIM like technologies (Japan). 12.2.6
IA Implementing Agency (Philippines). 18.2.7
IAA International Arbitration Act 1974 (Cth) (Australia). 6.4.1
IATF Inter-Agency Task Force (Philippines). 18.3.1
IBS Industrialised Building System (Malaysia). 14.2.2
ICAC Independent Commission Against Corruption (Hong Kong). 9.2.4
ICB International Competitive Bidding (JICA, Nepal). 5.3.1
ICC International Chamber of Commerce. 9.2.5
ICE Institution of Civil Engineers. 4.2.5
IESL Institution of Engineers Sri Lanka. 20.2.3
IIDS Institute for Integrated Development Studies (Nepal). 15.2.8
in rem claim A claim in rem literally means against the thing. It is taken directly against property and it can be brought even though the owner has no personal liability. 1.5.5
inin Mandate contract (Japan). 12.6.10
Interim Payment Certificate or IPC FIDIC definition (1987 Red, Red, Pink, Yellow, Gold and Emerald Books). FIDIC GCs

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international construction contract
An international construction contract is a contract for the provision of goods and services in which: (a) the parties to the Contract have, at the time of the conclusion of their agreement, their places of business in different legal jurisdictions; or (b) one of the following places is situated outside the legal jurisdiction in which the parties have their places of business: (i) the Site; or (ii) any place where a substantial part of the obligations for the Works is to be performed. 1.1.7
IP Intellectual property.  
ipso facto By the fact itself (Latin).  
ipso jure By the operation of the law itself (Latin).  
IQSSL Institution of Quantity Surveyors of Sri Lanka. 20.2.3
ITA-AITES International Tunnelling and Underground Space Association Association Internationale des Tunnels et de LEspace Souterrain. 4.2.1
ITA Contractual Framework Checklist The ITA Contractual Framework Checklist for Subsurface Construction Contracts published by ITA-AITES in 2011. 4.2.2
iTaukei land Native land in Fiji. 8.5.1
IUJK Construction Service Business License (Indonesia). 11.2.1
JCSS The Japan Calibration Service System (Japan). 12.8.1
JCT Contracts Joint Contracts Tribunal suite of standard form contracts (UK). 14.2.5
JFY Japanese Fiscal Year. 5.1
Jian Li Supervising engineer with contractual authority as Employers agent, and statutory duties and obligations in respect of safety, quality, project management, cost control and coordination between Employer and Contractor (China). 7.10.1
JICA Japan International Cooperation Agency. 1.3.2
Joint Venture or JV FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
jorei Local laws (Japan). 12.1.2
jumbi-shomen Memorials in court proceedings (Japan). 12.2.10.1
justa causa A just cause or legal ground (RomanDutch law). Justa causa is applicable under the law of contract in Sri Lanka; hence, the English contract law notion of consideration is not applicable in Sri Lanka. 20.1.2
JV Undertaking FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books) FIDIC GCs
kankyo-eikyo-hyoka Environment impact assessment (Japan). 12.9.1
kanri-gijiutsu-sha Supervising engineer (Japan). 12.9.1
kashitsu-sosai Comparative negligence (Japan). 12.5.6
keiyaku-futekigo Non-conformance (Japan). 12.5.1.2.1
kenchiku-kakunin Building confirmation (Japan). 12.6.14
kenchiku-shi Architect (Japan). 12.9.1
KFSK Kensetsu-Funso-Shinsa-Kai Construction Dispute Adjudication Board (Japan). 12.2.10.3
KfW Credit Institute of Reconstruction (Vietnam). 21.2.2
KLRCA Kuala Lumpur Regional Centre for Arbitration (Malaysia). 14.2.9
koyo Employment contract (Japan). 12.6.10
lakh 100,000 (India, Sri Lanka). 10.2.6
law of the forum The law of the place in which court or arbitral proceedings are conducted. 1.5.5

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Laws
FIDIC definition (2017 Red, Pink, 2017 Yellow, 2017 Silver, Gold and Emerald Books). FIDIC GCs
LDs Liquidated damages.  
Letter of Acceptance FIDIC definition (1987 Red, Red, Pink, Yellow, Gold and Emerald Books). FIDIC GCs
Letter of Tender FIDIC definition (Red, Pink, Yellow, Gold and Emerald Books). FIDIC GCs
lex arbitrii The law governing the existence and operation of the arbitral tribunal, generally the law of the seat of arbitration. Also known as the curial law. 1.5.6
lex fori See law of the forum.  
lex loci rei sitae A Latin phrase meaning law of the place where the property is situated. 1.5.5
lex loci solutionis A Latin phrase meaning law of the place where relevant performance occurs. 7.4.1
LGU Local Government Unit (Philippines). 18.2.7
Lining FIDIC definition (Emerald Book). FIDIC GCs
LKPP Government Procurement Policy Agency (Indonesia). 11.3.2
Local Currency FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Lok Sabha House of the People (India). 10.1.1
LPJK Construction Development Board (Indonesia). 11.2.1
LSA The Labour Standard Act (Act No 49 of 1947) (Japan). 12.5.2.1
MACC Malaysian Anti-Corruption Commission. 14.2.8
MAMPAN Sustainable Construction Excellence Centre (Malaysia). 14.2.2
Management Guidelines Covid-19 Management Guidelines in Malaysia No 5/2020 published by the Ministry of Health (Malaysia). 14.3.1
mandatory law or mandatory rules of law Provisions of a statute which the parties to a contract may not derogate from. 1.5
Materials FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
MCO Movement Control Order (Malaysia). 14.3.1
MCTC Municipal Circuit Trial Court (Philippines). 18.1.3
MDB Multilateral Development Bank. 1.3.2
MECQ Modified Enhanced Community Quarantine (Philippines). 18.3.1
MeTC Metropolitan Trial Courts (Philippines). 18.1.3
MHA Ministry of Home Affairs, Government of India. 10.3.1
MHR Ministry of Human Resources (Malaysia). 14.3.1
MIArb Malaysian Institute of Arbitrators. 14.2.9
MiC Modular Integrated Construction (Hong Kong). 9.2.2
Milestone FIDIC definition (Emerald Book). FIDIC GCs
Milestone Certificate FIDIC definition (Emerald Book). FIDIC GCs
MKN National Security Council (Malaysia). 14.3.1
MLIT Ministry of Land, Infrastructure, Transport and Tourism (Japan). 12.1.1
MLIT Covid-19 Guideline MLIT Guideline regarding the preventive measures against Covid-19 dated 14 May 2020 (Japan). 12.3.1.2
MLIT Minister The head of the Ministry of Land, Infrastructure, Transport and Tourism (Japan). 12.1.1
MMC Malaysian Mediation Centre. 14.2.9
Model Law 1985 UNCITRAL Model Law on International Commercial Arbitration. Annexure to

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MoC
Ministry of Construction (Vietnam). 21.2.2
MoEF Ministry of Environment and Forest (India). 10.2.2.5
mokuji-no-goi Implied agreement (Japan). 12.11.3
month FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
MoPIT Ministry of Physical Infrastructure and Transport (Nepal). 15.2.1
MPI Ministry of Planning and Investment (Vietnam). 21.2.2
MQCQ Modified General Community Quarantine (Philippines). 18.3.1
MTC Municipal Trial Court (Philippines). 18.1.3
MTCC Municipal Trial Courts in Cities (Philippines). 18.1.3
MTR Mass Transit Railway (Hong Kong). 9.2.1
mutatis mutandis Notwithstanding differences between two things being compared because of their different situations, the basic point remains the same.  
NCASL National Construction Association of Sri Lanka. 20.2.3
NCB National Competitive Bidding (Nepal). 15.2.10
NEDA National Economic and Development Authority (Philippines). 18.2.7
NEPCA Nepal Council for Arbitrators. 15.2.11
New York Convention United Nations 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. 1.8.1
NGA National Government Agency (Philippines). 18.2.7
NGT National Green Tribunal, a specialised body under the National Green Tribunal Act 2010 (India). 10.2.2.5
No-objection FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
NOC No Objection Certificate (India, Pakistan). 10.2.2.7
NOD Notice of Dissatisfaction. FIDIC GCs
non-mandatory law or non-mandatory rules of law Provisions of a statute which the parties can opt out of by appropriate agreement otherwise in their contract. 1.5
Notice FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver, Gold and Emerald Books). FIDIC GCs
Notice of Dissatisfaction or NOD FIDIC definition (2017 Red, Pink, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
NPCSC Standing Committee of the National People’s Congress. (China). 9.1.3
NSTB National Skill Testing Board (Nepal). 15.2.4
OBOR Chinas One Belt One Road initiative. 14.2.10
ODA Official Development Assistance. 5.1
Orang Asli Indigenous people of Malaysia. 14.8.1
ordre public Public policy (French). 3.2.1
pacta sunt servanda A Latin phrase that means that agreements are to be kept. 1.1.5
P3DN Increased Use of Domestic Products (Indonesia). 11.6.3
PAM Pertubuhan Arkitek Malaysia (Malaysian Institute of Architects). 14.2.5
Part FIDIC definition (2017 Red, 2017 Yellow and Emerald Books). FIDIC GCs
Particular Conditions FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
Party FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Payment Certificate FIDIC definition (Red, Pink, Yellow and Emerald Books). FIDIC GCs
PBD Philippine Bidding Document. 18.2.9
PCAB Philippine Contractors Accreditation Board. 18.2.2
PCs Particular Conditions. 2.3

Page 562

PEC
Pakistan Engineering Council. 16.2.2
Performance Certificate FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). FIDIC GCs
Performance Damages FIDIC definition (2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
Performance Guarantees FIDIC definition (1999 Silver Book). FIDIC GCs
Performance Security FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Permanent Works FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
PFI Private Finance Initiative.  
PGK Papua New Guinea Kina. 17.1.2.2
PICAM Philippine Institute of Construction Arbitrators and Mediators. 18.2.10.1
Pink Book FIDIC Conditions of Contract for Construction MDB Harmonised Edition for Building and Engineering Works Designed by the Employer (MDB Harmonised Edition 2010). 1.3.1
PKK Contractors Services Centre (Malaysia). 14.2.3
Plant FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
PMC Philippine Mediation Center. 18.1.3
PMU Project Management Unit (Vietnam). 21.2.3
PNG The Independent State of Papua New Guinea. 17.1.1.1
PPA Public Procurement Act 2063 (2006) (Nepal). 15.1.2
PPVC Prefabricated Pre-finished Volumetric Construction (Singapore). 19.2
PPE Personal protective equipment. 1.6.6
PPMO Public Procurement Monitoring Office (Nepal). 15.2.8
PPP Public Private Partnership. 10.2.1
PPR Public Procurement Rules 2064 (2007) (Nepal). 15.1.2
PPRA Public Procurement Regulatory Authority (Pakistan). 16.2.1
PRC Professional Regulation Commission (Philippines). 18.2.3
Programme FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
proper law of the contract The law that governs the parties contractual relations. Also known as the governing law of the contract. 1.1.6
Provisional Sum FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
PSSCOC Public Sector Standard Conditions of Contract (Singapore). 19.2
PT PMA A joint venture between a foreign entity and a local contractor (Indonesia). 11.2.1
public policy Public policy is largely concerned with the potential for manifest unfairness or injustice within a given situation. Courts may disregard or refuse to give effect to contractual obligations which, whilst not directly contrary to any express or implied statutory prohibition, nevertheless contravene the policy of the law as discerned from a consideration of the scope and purpose of the particular statute. 1.1.4
PWSC Public Work Standard Contract published by the Central Government (Japan). 12.2.9.1

Page 563

Quality Management or QM System
FIDIC definition (Emerald Book). FIDIC GCs
QM System FIDIC definition (2017 Red, 2017 Yellow and 2017 Silver Books). FIDIC GCs
rainbow suite The construction contracts published by FIDIC:
  • Red Book
  • Yellow Book
  • Silver Book
1.3.1
Rajya Sabha Council of States (India). 10.1.1
rebus sic stantibus The civil law doctrine or rules relating to changed circumstances. 1.2.3
Red Book FIDIC Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer First Edition 1999 and Second Edition 2017. 1.3.1
REDAS Real Estate Developers Association of Singapore. 19.2
Retention Money FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Review FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
RFA Request for approval.  
RFI Request for information.  
RMCO Recovery Movement Control Order (Malaysia). 14.3.1
Rome I Convention on the Law Applicable to Contractual Obligations. Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations. 1.1.4
roshi-kyotei Labour management agreement (Japan). 12.5.2.1
RPTKA Employment Plan of Foreign Workers (Indonesia). 11.6.2
RTC Regional Trial Courts (Philippines). 18.1.3
saimu-furiko Non-performance of obligations (Japan). 12.8.4
san-mitsu Three Cs’ – closed spaces, crowded places, close-contact settings (Japan). 12.3.1.2
SBD Standard Bidding Document. 1.3.2
SBD Design Build SBD for Design Build, Plant and Works (Japan). 5.3.2
SBD Works SBD for Procurement of Works (Japan). 5.3.2
SBU Business Entity Certificate (Indonesia). 11.2.1
Schedules FIDIC definition (Red, Pink, Yellow, 2017 Silver, Gold and Emerald Books). FIDIC GCs
Schedule of Baselines FIDIC definition (Emerald Book). FIDIC GCs
Schedule of Contractor’s Key Equipment FIDIC definition (Emerald Book). FIDIC GCs
Schedule of Guarantees FIDIC definition (1999 Yellow Book). FIDIC GCs
Schedule of Payments FIDIC definition (Red, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Schedule of Performance Guarantees FIDIC definition (2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
Schedule of Rates and Prices FIDIC definition (2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs

Page 564

Schedule, Payment Currencies
FIDIC definition (Pink Book). FIDIC GCs
SDR Special Drawing Rights.5 9.2.3
Section FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
SEDA Sustainable Development Authority (Malaysia). 14.2.2
sekou-kanri-gishi Managing engineer (Japan). 12.9.1
SEZ Special Economic Zone (India). 10.2.4
Shinkansen Bullet train (Japan). 12.3.2
shometsu-jiko Statute of limitation (Japan). 12.5.1.2.1
SIA Singapore Institute of Architects. 19.2
SIAC Singapore International Arbitration Centre. 15.2.1.1
SICC Singapore International Commercial Court. 19.1.3
Site FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Silver Book FIDIC Conditions of Contract for EPC/Turnkey Projects First Edition 1999, Second Edition 2017. 1.3.1
SLIA Sri Lanka Institute of Architects. 20.2.3
SME Small and medium enterprise.  
SOCSO Social Security Organisation (Malaysia). 14.6.7
SOE State of Emergency. 12.3.1.1
sojo Complaint in court proceedings (Japan). 12.2.10.1
SOP Standard Operating Procedure. 14.3.1
SOP Act Building and Construction Industry Security of Payment Act (2005) (Singapore). 19.2
sosai-tekijo Set-off (Japan). 12.8.3
Special Provisions FIDIC definition (2017 Red, 2017 Yellow, 2017 Silver and Emerald Books). FIDIC GCs
specialty A contract executed under seal. 6.4.2
Specification FIDIC definition (1987 Red, Red, Pink and Yellow Books). FIDIC GCs
SPR Stores and Procurement Regulations issued by the Financial Secretary under the Public Finance Ordinance (Cap 2) (Hong Kong). 9.2.3
stare decisis The decision stands (Latin). The doctrine under which a common law court is required to follow previous decisions, unless they are inconsistent with a higher courts decision or determined to be wrong in law. 1.1.2
Statement FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Subcontractor FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
SUCs State Universities and Colleges (Philippines). 18.2.7
SWP ‘Safe Work Procedure for Prevention of Covid-19 at Workplace published by DOSH (Malaysia). 14.3.1
Taking-Over Certificate FIDIC definition (1987 Red, Red, Pink, Yellow, Silver and Emerald Books). FIDIC GCs
TBM Tunnel boring machine. 4.1
TDS Tax Deducted at Source (India, Nepal). 10.2.2.3 15.6.1
Temporary Works FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). FIDIC GCs

Page 565

Tender
FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Tests after Completion FIDIC definition (Red, Pink, Yellow, Silver and Emerald Books). FIDIC GCs
Tests on Completion FIDIC definition (1987 Red, Red, Pink, Yellow, Silver and Emerald Books). FIDIC GCs
TG15 FIDIC Task Group 15, responsible for articulating the FIDIC Golden Principles. 2.3
Time for Completion FIDIC definition (1987 Red, Red, Pink, Yellow, Silver and Emerald Books). FIDIC GCs
TKDN Domestic Component Level (Indonesia). 11.6.3
tobensho Answer in court proceedings (Japan). 12.2.10.1
tojisha-no-goriteki-ishi A partys reasonable intention (Japan). 12.11.3
ukeoi Contract for Work (Japan). 12.6.10
UNCITRAL United Nations Commission on International Trade Law. 1.5.6
UNCITRAL Model Law UNCITRAL Model Law on International Commercial Arbitration 1985 with Amendments as adopted in 2006. Annexure to .
Underground Works FIDIC definition (Emerald Book). FIDIC GCs
Unforeseeable FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
UNIDROIT International Institute for the Unification of Private Law.  
Variation FIDIC definition (Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
VIAC Vietnam International Arbitration Centre. 21.5.3.1
VND Vietnam Dong. 21.2.1
WACIA Worker’s Accident Compensation Insurance Act (Act No 50 of 1947) (Japan). 12.2.8.1
West Coast model The scheme of statutory adjudication legislated in the Northern Territory (Australia). 6.5.1
WHO United Nations World Health Organization. 10.3.1
WHS Workplace health and safety. 6.2.2
WMA The Waste Management and Public Cleaning Act (Act No 137 of 1970) (Japan). 12.6.13
Works FIDIC definition (1987 Red, Red, Pink, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
writing FIDIC definition (1987 Red Book). FIDIC GCs
WSHA Workers Safety and Health Act (Act No 57 of 1972) (Japan). 12.2.4
WTO World Trade Organization the only global international organisation dealing with the rules of trade between nations.6 1.8.2
WTO GPA WTO Agreement on Government Procurement. 1.8.2
year FIDIC definition (Red, Yellow, Silver, Gold and Emerald Books). FIDIC GCs
Yellow Book FIDIC Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant and for Building and Engineering Works, designed by the Contractor First Edition 1999, Second Edition 2017. 1.3.1

1 Terms in bold are defined elsewhere in the Glossary.

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