FIDIC Green, Blue-Green, Gold, and Emerald Books – a brief overview

This is the third in a three-part series on the FIDIC Suite of Contracts. This post will summarise the Green, Gold, Blue-Green, and Emerald FIDIC contracts and outline the benefits of each. The series began by laying out the history and evolution of FIDIC contracts. The previous post in this series covered the Red, Yellow, and Silver Books. Because the Pink and Orange Books are no longer relevant, they will not be discussed in this series. The Green Book This is the short form of contract, first published in 1999 and updated in 2021. The Green Book contains the contract agreement, general conditions, rules for education, and notes for guidance. The short form of contract is recommended for Engineering and Building work of relatively small capital value. Depending on the type of works, the Green Book may be suitable for contracts of considerably greater value. The Green Book is considered most suitable for fairly simple or repetitive work or works of short duration without the need for…

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FIDIC Red, Yellow, and Silver Books – a brief overview

This is the second in a three-part series on the FIDIC Suite of Contracts. This post will summarise the various FIDIC contracts and outline the benefits of each. It is a continuation of the previous post laying out the history and evolution of FIDIC contracts. Advantages of Standard Forms of Contract Some of the advantages of standard forms of contract include: • savings in time and costs on repetitive transactions, • clear and easy-to-understand drafts, • frequent use increases understanding, and thus fewer disputes, • tenders don't have to allow for unfamiliar contracts, • fairness to all parties increases Contractor confidence and lowers risk contingencies and, subsequently, lowers costs, • ease of use for international contracts, • not drafted in favour of one party over another, • allows for fairness to and protection of both parties, and • includes the best practice in the industry and common issues and concerns that may be found in similar projects. General Legal Character of…

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A Brief History of FIDIC

This is the first in a multi-part series on the FIDIC Suite of Contracts. This post will introduce the history of FIDIC and provide a brief overview of the past and present forms of contract released by FIDIC. The Beginnings of FIDIC FIDIC stands for Fédération Internationale Des Ingénieurs-Conseils, or in English, the International Federation of Consulting Engineers. The organisation was started in 1913 by France, Belgium and Switzerland, and the UK joined in 1949. FIDIC currently has its headquarters in Switzerland. In 1957, FIDIC published its first contract - the Form Contract for Works of Civil Engineering Construction. The organisation has since become famous for its standard form contracts for the construction and engineering industry. The First FIDIC Contracts The first FIDIC contract soon became known for the colour of its cover - the Red Book. It has since become tradition that FIDIC contracts are known by the colour of their covers. (Old) Red Book updated editions were…

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Notices under FIDIC Red, Yellow, and Silver 2017 Editions Part 5

This is final post in a multi-part addendum to our previous series on notices under FIDIC Silver Book 2017. This post will focus on some major changes to Clauses 14-20 in the Red and Yellow Books. Sub-Clause 14.6.1 (Notice of Interim Payment) in the Silver Book states that within 28 days after receiving a statement and supporting documents, the Employer must give a notice to the Contractor stating the amount which the Employer fairly considers to be due for the interim payment. However, in the Red and Yellow Books, Sub-Clause 14.6.1 (Interim Payment Certificate) requires the Engineer, within 28 days after receiving a statement and supporting documents, to issue an Interim Payment Certificate to the Employer and provide a copy to the Contractor. Similarly, according to the Silver Book Sub-Clause 14.13 (Final Payment), within 28 days after receiving the final statement, the Employer shall give a notice to the Contractor. Whereas in the Red and Yellow Books, under Sub-Clause 14.13 (Issue…

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Notices under FIDIC Red, Yellow, and Silver 2017 Editions Part 4

This is part 4 in a multi-part addendum to our previous series on notices under FIDIC Silver Book 2017. This post will focus on some major changes to Clause 12 in the Red and Yellow Books. Sub-Clause 12.1 (Works to be Measured) is a new notice in the Red Book. Whenever the Engineer requires the Works to be measured on Site or Records identified in specifications, he or she shall give a notice to the Contractor of not less than seven days with details. The Contractor’s representative (or a qualified representative) shall then attend at the time and place stated at the Engineer’s notice. Failure by the Contractor on the Engineer's notice will result in the Contractor being deemed to have accepted the measurement or records as accurate. However, if there is a disagreement after the Contractor’s timely attendance, the Contractor shall give a notice to the Engineers stating the reasons. If no such notice is given within 14 days, the Contractor shall be deemed to have accepted the…

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