What is FIDIC?
FIDIC– stands for “Fédération Internationale des Ingénieurs Conseils” Headquarters in Geneva, Switzerland
The Parties in a FIDIC Book
– Contracting Authority/ Employer
– Contractor – Contract between Employer & Contractor under Red/ Yellow FIDIC
– Engineer – Contract between Employer & Engineer
– Engineer to administer FIDIC Book on behalf of Employer
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Fidic Book Conditions of Contract
FIDIC “New Red Book”: FIDIC Red Book Construction Contract Fidic Book
The Conditions of Contract for Construction:
“Which are recommended for building or engineering works designed by the Employer, or by his representative, the Engineer. Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer. However, the works may include some elements of Contractor – designed, civil, mechanical, electrical and/or construction works”
FIDIC “New Yellow Book” FIDIC Yellow Book Plant and Design Build Contract Fidic Book
Conditions of Contract for Plant Design – Build
“Which are recommended for the provision of electrical and mechanical plant, and for the design and execution of building or engineering works. Under the usual arrangements for this type of contract, the Contractor designs and produces, in accordance with the Employer’s Requirements, plant and/or other works; which may include any combination of civil, mechanical, electrical and/or construction works”.
FIDIC Contract “New Silver Book” FIDIC Silver Book EPC Turnkey Contract Fidic Book
Conditions of Contract for EPC (Engineering, Procurement, Construction)/ Turnkey Projects
“Which may be suitable for the provision on a turnkey basis of a process or power plant or factory or similar facility, or of an infrastructure project or other type of development, where (i) a higher degree of certainty of firm price and time is required, and (ii) the Contractor takes total responsibility for the design and execution of the project, with little involvement of the Employer. Under the usual arrangements for turnkey projects, the Contractor carries out all engineering, procurement, and construction EPC: providing a fully equipped facility, ready for operation at the “turn of a key”.
FIDIC “New Green Book” – the “Mini Red Book”: FIDIC Green Book Short Form of Contract Fidic Book
Short Form of Contract.
“Which is recommended for building or engineering works of relatively small capital value. Depending on the type of work and circumstances, this form may also be suitable for contracts of greater value, particularly for relatively simple or repetitive work or work of short duration. Under the usual arrangements for this type of contract the Contractor constructs the works in accordance with a design provided by the Employer or his representative (if any), but this form may also be suitable for a contract which includes, or wholly comprises, Contractor-designed civil, mechanical, electrical and/or construction works.
FIDIC “Pink Book” FIDIC construction contract mdb harmonised Fidic Book
Harmonised Conditions of Contract for Constructions
Issued after several Multilateral Development Banks (MDB) agreed certain modifications for some Clauses, for better reflecting their financing principles.
Used for construction and engineering works, designed by the Employer (as in the Red Book)
Allows the Bank to suspend payments to Borrower – Sub-Clauses 2.4, 14.7 and 16.1
Engineer’s Authority may be unilaterally changed by the Employer – Sub-Clause 3.1
Modifications concerning selection and activity of DAB
Basic Principles and Selection of FIDIC Documents – New Red Book, FIDIC Red Book Construction Contract
Design primarily undertaken by Employer or his agent
Works are to be remeasured
Employer appoints Engineer to administer contract on his behalf
Engineer has power to vary works, but not change contract
DAB appointed within 28 days of commencement date and has powers to resolve any dispute and change “determinations” of Engineer
Basic Principles and Selection of FIDIC Documents – New Yellow Book, FIDIC Yellow Book Plant and Design Build Contract Fidic Book
The Employer provides project requirements as defined under item “Employer’s Requirements” (ER)
The “ER” are the basis for the contractor to design and build the project. Errors within the “ER” are the liability of the Employer. The contract is for a fixed sum and not re-measured. The contract is administered on behalf of the Employer by the Engineer, Provision is made for variations by the Engineer. The general conditions (clauses 1 to 20), except clauses 5 & 12, are principally the same as red book.