They have put this condition under the heading of "Non compete" they want to have an advantage of this system while other competitors cannot get it from us without their consent... problem is we are stuck against to one institute and even after one year of the termination...
GA
Member for
18 years 2 months
Member for18 years2 months
Submitted by James Barnes on Wed, 2008-03-19 10:48
the phrase you are looking for, I believe, is "contractor beware" ;-)
if you dont like the term, refuse to accept it. Also, check with a lawyer whether or not it is enforcible. Often non competition clauses (at least in employment contracts) breach legislation so it doesnt matter whether they are in there or not, they cant be enforced. You do need a lawyer / legal expert to advise you on your specific case though as it very much depends where you are operating.
I NEVER met a contractor who would sign off on such a clause in an execution contract.
Why do they want it? I can only think that its to ensure that you have resources to complete the oproject and fulfuill your maintenance period but if so then its misguided. Youre no use to tehm if bankrupt. A better way (and far more common practice) is the use of a performance bond, which I believe is a standard part of the FIDIC terms anyway.
Member for
17 years 8 months
Member for17 years8 months
Submitted by Gayantha Abeywardena on Wed, 2008-03-19 01:16
Member for
17 years 8 monthsRE: Unfair terms and conditions!!!!!
Hi James,
They have put this condition under the heading of "Non compete" they want to have an advantage of this system while other competitors cannot get it from us without their consent... problem is we are stuck against to one institute and even after one year of the termination...
GA
Member for
18 years 2 monthsRE: Unfair terms and conditions!!!!!
the phrase you are looking for, I believe, is "contractor beware" ;-)
if you dont like the term, refuse to accept it. Also, check with a lawyer whether or not it is enforcible. Often non competition clauses (at least in employment contracts) breach legislation so it doesnt matter whether they are in there or not, they cant be enforced. You do need a lawyer / legal expert to advise you on your specific case though as it very much depends where you are operating.
I NEVER met a contractor who would sign off on such a clause in an execution contract.
Why do they want it? I can only think that its to ensure that you have resources to complete the oproject and fulfuill your maintenance period but if so then its misguided. Youre no use to tehm if bankrupt. A better way (and far more common practice) is the use of a performance bond, which I believe is a standard part of the FIDIC terms anyway.
Member for
17 years 8 monthsRE: Unfair terms and conditions!!!!!
Dear All,
I want to clarify as there is no precautions in the FIDIC to avoid unfair terms and conditions...
Is there no codes to conduct by consultants when they are putting speacial conditions to Conditions of Contract..
Gayantha