{"title":"FIDIC合同项下的雇主索赔","authors":"S. Eugen","doi":"10.2139/SSRN.2836765","DOIUrl":null,"url":null,"abstract":"This Sub-Clause entitles the Employer to make formal claims against the Contractor. The Contractor has broadly to fallow the same procedure adopted for claims by the Contractor against the Employer.FIDIC doctrine presents this Sub-Clause as being introduced with the intend to protect the Contractor against abusive actions of the Employer, building a mechanism that implies the decision of a third party (the Engineer), who is supposed to be much more impartial then the Employer, even if it is his representative in the Contract and, one of the most important arguments is that confirms that the Employer no longer has a general right of set-off.","PeriodicalId":292127,"journal":{"name":"LSN: Employment Contract Law (Topic)","volume":"18 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2016-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Employer's Claims under FIDIC Contracts\",\"authors\":\"S. Eugen\",\"doi\":\"10.2139/SSRN.2836765\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This Sub-Clause entitles the Employer to make formal claims against the Contractor. The Contractor has broadly to fallow the same procedure adopted for claims by the Contractor against the Employer.FIDIC doctrine presents this Sub-Clause as being introduced with the intend to protect the Contractor against abusive actions of the Employer, building a mechanism that implies the decision of a third party (the Engineer), who is supposed to be much more impartial then the Employer, even if it is his representative in the Contract and, one of the most important arguments is that confirms that the Employer no longer has a general right of set-off.\",\"PeriodicalId\":292127,\"journal\":{\"name\":\"LSN: Employment Contract Law (Topic)\",\"volume\":\"18 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2016-03-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"LSN: Employment Contract Law (Topic)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.2836765\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"LSN: Employment Contract Law (Topic)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.2836765","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
This Sub-Clause entitles the Employer to make formal claims against the Contractor. The Contractor has broadly to fallow the same procedure adopted for claims by the Contractor against the Employer.FIDIC doctrine presents this Sub-Clause as being introduced with the intend to protect the Contractor against abusive actions of the Employer, building a mechanism that implies the decision of a third party (the Engineer), who is supposed to be much more impartial then the Employer, even if it is his representative in the Contract and, one of the most important arguments is that confirms that the Employer no longer has a general right of set-off.