FIDIC 2017 – Corbett & Co.’s Guide to the Main Changes

Written by Corbett Lawyers |

 January 23, 2018

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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