The Applications Of The Variation Clauses Of The FIDIC Red Book 1987 And 1999: Analytical And Empirical Study Under the UAE Law

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The British University in Dubai (BUiD)
Usually, the variation provisions in standard construction contracts are well drafted in a careful and precise manner. These provisions are built up with accurate and unequivocal wordings which preclude any ambiguity/ uncertainty/ doubt in the interpretations of the variation provision terms. Such steps enhance the efficiency of the variation provisions and participate effectively to minimize or avoid complications/ potential claims/ vigorous disputes. One of the major sources for disputes between the employer and the contractor is the variation claims which are resulted from the interpretations and applications of the variation provisions in the construction industry. The dissertation aims to execute clinical analysis in the variation provisions of the FIDIC Red Book 1999 and compare them to their counterparts under FIDIC Red Book 1987. The research investigates whether the variation provisions of the FIDIC Red Book 1999 represent improvements and provide better efficiency over their counterparts under the FIDIC 87. The hybrid methodology which compromises of survey and interviews with senior experts, in addition, library works are adopted in this research. Furthermore, numerical example is utilized to illustrate the evaluation mechanism under the variations clauses. The results of the research provide that some changes under the variations provisions of FIDIC Red Book 1999 are featured with unique and interesting points which were not existed under the FIDIC 87, but some other changes are highly doubtable and debatable. The consequences of the applications of these provisions are likely to have adverse effects in construction field as detailed in the research. To conclude, this study presents a message to FIDIC draftsmen to take into account the issues which are produced under this research for future revised versions with improved quality of variation provisions. Meanwhile, this research would be of much interest to judges, arbitrators, and lawyers. Also, the contracting parties would benefit from such anatomical interpretations in order to avoid potential contentious in future.
FIDIC Red Book, UAE Law, law