CUSTOMIZING FIDIC: A GLOBAL ANALYSIS OF PARTICULAR CONDITIONS IN INTERNATIONAL CONSTRUCTION CONTRACTS

Abstrak

This study examines the role and implications of Particular Conditions (PCs) in FIDIC contracts across diverse legal jurisdictions. FIDIC contracts, developed by the International Federation of Consulting Engineers, are widely adopted in international construction projects for their standardized approach and balanced risk allocation. However, the inherent diversity of legal systems, cultural norms, and project-specific requirements necessitates the modification of these standard forms through Particular Conditions. By analyzing global case studies, legal interpretations, and scholarly research, this journal highlights how PCs are employed to tailor FIDIC contracts to unique project contexts. The paper discusses the balance between standardization and customization, the legal and practical challenges posed by differing legal systems, and provides recommendations for drafting effective PCs that maintain legal enforceability and project efficiency.