FIDIC - A Guide for Practitioners
In 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known a
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Axel-Volkmar Jaeger
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Go¨tz-Sebastian Ho¨k
FIDIC-A Guide for Practitioners
Axel-Volkmar Jaeger Moitzfeldstraße 11 51069 Ko¨ln Germany [email protected]
Dr. Götz-Sebastian Hök Eschenallee 22 14050 Berlin Germany [email protected]
ISBN 978-3-642-02099-5 e-ISBN 978-3-642-02100-8 DOI 10.1007/978-3-642-02100-8 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2009929206 # Springer-Verlag Berlin Heidelberg 2010 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: WMXDesign GmbH, Heidelberg, Germany Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Foreword
In 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known as the ‘‘FIDIC rainbow, were the Conditions of Contract for: l l
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Construction, the so-called Red Book, for works designed by the Employer Plant and Design-Build, the so-called Yellow Book, for works designed by the Contractor EPC/Turnkey Projects, the so-called Silver Book, for works designed by the Contractor
The first is intended for construction works where the Employer is responsible for the design, as for per the previous so-called Red Book 4th Edition (1987), with an important role for the Engineer. The other two conditions of contract are intended for situations when the Contractor is responsible for the design. The Plant and Design-Build Contract has the traditional Engineer while the EPC/Turnkey Contract has a two-party arrangement, generally with an Employer’s Representative as one of the parties. The 1999 Conditions of Contract for Plant and Design/Build retained the essential elements of the earlier Orange Book. It had been noted, however, that new trends in project financing and management, especially related to PFI and BOT, required a different set of conditions, and the Conditions of Contract for EPC/ Turnkey Projects were drafted to cater for to this. The EPC/Turnkey Contract complements, but does not replace, the Plant and Design/Build Contract in that it was intended to be used in a rather specific con
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