FIDIC 2017 – Corbett & Co.’s Guide to the Main Changes
Written by Corbett Lawyers |
January 23, 2018
Introduction
In December 2017, FIDIC launched its long-awaited 2nd Editions of the Red, Yellow and Silver Books. In these articles, the FIDIC specialists at Corbett & Co identify and comment on the main changes in the new Yellow Book. The single most obvious change is to the size of the General Conditions, now over 50,000 words spread over 109 pages. This is off-putting but is justified by FIDIC as providing greater clarity to the procedures to be followed. Whereas the 1999 forms had an Appendix to Tender and Particular Conditions, the 2017 forms have Particular Conditions which are sub-divided into “Contract Data” and “Special Provisions”. New vocabulary that users will have to learn include definitions of Notice, Claim and Dispute as well as Notice of No-objection and Review. The DAB has become DAAB or Dispute Avoidance/Adjudication Board and is now a standing Board appointed from the beginning in all three forms.
There are many improvements in the 2017 forms. There are also many examples of unnecessary and bewildering verbiage which have challenged FIDIC specialists and may greatly challenge users.
TABLE OF CLAUSES & ARTICLES
To read/download a PDF of a Clause commentary click on the Clause number in the table below
CLAUSE 1 General Provisions |
CLAUSE 2 The Employer |
CLAUSE 3 The Engineer |
CLAUSE 4 The Contractor |
CLAUSE 5 Design |
CLAUSE 6 Staff and Labour |
CLAUSE 7 Plant, Materials and Workmanship |
CLAUSE 8 Commencement, Delays and Suspension |
CLAUSE 9 Tests on Completion |
CLAUSE 10 Employer’s Taking Over |
CLAUSE 11 Defects After Taking Over |
CLAUSE 12 Tests After Completion |
CLAUSE 13 Variations and Adjustments |
CLAUSE 14 Contract Price and Payment |
CLAUSE 15 Termination by Employer |
CLAUSE 16 Suspension and Termination by Contractor |
CLAUSE 17 Care of the Works and Indemnities |
CLAUSE 18 Exceptional Events |
CLAUSE 19 Insurance |
CLAUSE 20 Employer’s and Contractor’s Claims |
CLAUSE 21 Disputes and Arbitration |