1st Edition
by William Godwin (Author)
Provides a clear and comprehensive guide to the 2017 FIDIC contracts―written by a member of the FIDIC Updates Task Group
FIDIC
contracts are the most widely used engineering standard form contracts
internationally but until 2017 the three main forms (the Red, Yellow and
Silver Books) had not been amended or updated for nearly two decades,
since the first editions were published in 1999. Written by a specialist
lawyer who was member of the FIDIC Updates Task Group responsible for
writing the new contracts, this book examines in detail the many
substantial changes they have introduced. After providing an overview
the contracts are examined clause by clause with the aim of showing how
each compares and contrasts with the others and how the second editions
compare and contrast with the first.
The first chapter
describes how the Red, Yellow and Silver Books evolved from earlier
contract forms and the distinctive characteristics of each, before
providing an overview of the updates, including new potential risks for
both Employer and Contractor, and then examining, in the second chapter,
key general provisions such as the new rules on notices and limitation
of liability. Chapter 3 examines the enhanced role of the Engineer in
the Red and Yellow Books/Employer’s Representative’s function in the
Silver including the new procedure for determinations as well as the
Employer’s obligations and contract administration. The Contractor’s
obligations are considered in chapter 4 while chapter 5 examines his
responsibility for design in the Yellow and Silver Books. Chapters 6 to
14 deal respectively with plant, materials and workmanship and staff and
labour; time-related provisions in the three contracts including
extensions of time, and the Employer’s right to suspend the works;
testing on and after completion and the Employer’s taking over of the
works; defects after taking over, acceptance of the works and
unfulfilled obligations; measurement (in the Red Book), the Contract
Price and payment; the new variations regime and adjustments to the
Price; termination and suspension; care of the works and indemnities and
Exceptional Events (previously, Force Majeure). An important feature of
the new contracts is their increased emphasis on clarity in the claims
process and on dispute avoidance. These topics are examined in the final
two chapters, 15 and 16, which deal respectively with the new claims
and dispute resolution provisions of the 2017 forms.
- FIDIC contracts are the most widely used standard forms of contract for international engineering and construction projects
- Provides a clear and comprehensive guide to the 2017 FIDIC Red, Yellow and Silver Books
- Written by a senior specialist lawyer and member of the FIDIC 2017 Updates Task Group responsible for writing the new contracts
- Accessible to those with little or no familiarity with FIDIC contracts
The 2017 FIDIC Contracts is
an important guide for anyone engaged in international projects,
including employers, contractors, engineers, lawyers, suppliers and
project financiers/sponsors.