Drafting FIDIC-based Contracts Like a Pro: Tips for Paralegal

As a paralegal, the person may have the necessary knowledge and skills to draft a FIDIC-based contract, but it is always advisable to seek the assistance of a lawyer when drafting a contract. This is because a lawyer is trained in the legal principles and procedures that are necessary to ensure that the contract is legally enforceable and adequately protects the interests of all parties involved.

That being said, there are a few steps that you can take to make the process of drafting the contract easier:

1. Use a standard form contract as a starting point: FIDIC provides a range of standard contract forms and related documents that can be used as a starting point for drafting the contract. These forms are designed to be flexible and can be modified to fit the specific needs of the project.
2. Choice of law: Specify which law will govern the contract, as well as the jurisdiction in which any disputes will be resolved.
3. Clearly define the scope of work: Make sure to clearly define the scope of work for the project, including any specific requirements or deliverables. This will help ensure that all parties have a clear understanding of their responsibilities and expectations.
4. Allocate risks appropriately: Allocate risks among the parties in a way that is fair and reasonable given the nature of the project. This may include provisions for insurance, indemnification, and liability.
5. Outline payment terms: Clearly outline payment terms, including how and when payments will be made and any provisions for cost escalation or delay.
6. Termination: Include provisions for the termination of the contract in the event of a breach or other material default by one of the parties.
7. Indemnification: Consider including indemnification provisions to protect the parties from any losses or liabilities arising from the performance of the contract.
8. Confidentiality: Include provisions to protect the confidentiality of any proprietary or sensitive information shared during the course of the project.
9. Force majeure: Include provisions for force majeure events, such as natural disasters or acts of God, that may prevent one or both parties from fulfilling their obligations under the contract.
10. Include provisions for dispute resolution: Include provisions for dispute resolution, such as arbitration or mediation, to provide a mechanism for resolving any disputes that may arise during the course of the project.

It's important to keep in mind that the legal language of a contract should be clear and precise, and should avoid using ambiguous or vague terms. It's also a good idea to use plain language wherever possible, to ensure that all parties understand their rights and obligations under the contract.

Again, it is recommend seeking the advice of a lawyer when drafting the legal language for a contract, as they will be able to provide specific guidance based on your specific needs and the legal requirements of parties' jurisdiction.