The FIDIC Model Services Agreement, 5th Edition: What You Need to Know
The FIDIC Model Services Agreement, or MSA, is a standard contract template used in the engineering and construction industry. It is published by the International Federation of Consulting Engineers (FIDIC) and provides a framework for the provision of engineering and consulting services.
The 5th Edition of the MSA was published in 2017 and includes updated and revised provisions based on feedback from industry experts. Here are some key things you need to know about the FIDIC MSA 5th edition.
Scope of Services
The MSA provides a flexible framework for the scope of services to be provided by the consultant. This includes a range of services such as feasibility studies, engineering design, project management, and technical advice.
Payment Terms
The payment terms in the MSA are designed to be fair to both parties and are based on a lump-sum, time-based, or percentage-based fee. The MSA also includes provisions for variations to the scope of services and additional fees.
Intellectual Property Rights
The MSA includes provisions for the ownership and use of intellectual property rights. This includes the consultant’s right to use data and information provided by the client, as well as the ownership of intellectual property developed during the provision of services.
Confidentiality
The MSA includes provisions for confidentiality and the protection of sensitive information. This includes restrictions on the use and disclosure of confidential information, as well as requirements for the return or destruction of confidential information at the end of the project.
Dispute Resolution
The MSA includes provisions for dispute resolution, which encourage amicable resolution through negotiation and mediation. If disputes cannot be resolved in this manner, the MSA provides for arbitration as a means of resolving disputes.
Conclusion
The FIDIC Model Services Agreement, 5th Edition provides a comprehensive framework for the provision of engineering and consulting services. It includes provisions for the scope of services, payment terms, intellectual property rights, confidentiality, and dispute resolution. The MSA is widely used in the engineering and construction industry and is a valuable tool for consultants and clients alike.