The limitation of the consultant’s liability for default under the whole agreement to merely a breach of the (low) standard of care mentioned above.The low threshold standard of care, expressed in the exclusive and applicable to all contractual obligations not just the performance of the services: “…the Consultant shall have no other responsibility than to exercise reasonable skill, care and diligence in the performance of his obligations under the Agreement”.Its imposition of a broad obligation on the employer to provide “free of cost all information which may pertain to the Services which the client is able to obtain” so as “not to delay the Consultant in the performance of the Services” with no attempt to limit the scope or put the onus on the consultant to request the information it needs.This attachment to the old English common law position seems somewhat antiquated in the context of modern procurement practice.Īmong the worst provisions of the 2006 White Book were: Contractors were often surprised by how exposed they were and that, according to FIDIC, it was inappropriate for a consultant to give the same kind of standard of care warranty as a contractor undertaking design work. These obligations include, by default, an express fitness for purpose warranty. A perfectly reasonable question.Ĭontractors with design responsibility to the employer (under, for example, Yellow Book or Silver Book based contracting arrangements) often incorrectly presumed that the White Book was “back-to-back” with their obligations up the chain and therefore could be used when appointing a design consultancy in its supply chain. “What, then, is the use of a standard form?”, they would ask. In addition, they were surprised at the sheer volume of amendments required to protect their legitimate interests. This view was often encouraged by consultants who advised a FIDIC procurement route and then proffered the White Book as the appropriate form of contract for their own appointment.Įmployers were surprised that it was not consistent and that their liability to the contractor for any poor performance of the engineer, could not be passed on to the party actually responsible. The form was particularly frustrating for those advising employer clients, who assumed that it would be consistent with the FIDIC construction contracts and therefore was practically plug-and-play with the 1999 Rainbow Suite. Happily, the new White Book (fifth edition, 2017) addresses some of the frustrations and is a more balanced starting point.
8 July 2011 140 FIDIC CONDITIONS OF CONTRACT AS A MODEL FOR AN INTERNATIONAL.The FIDIC Client/Consultant Model Services Agreement (fourth edition, 2006) – usually known as the White Book – was a rather frustrating form for lawyers. International Journal of Humanities and Social Science Vol. Abstract: The paper describes the main features of the 1999 Edition of FIDIC's Red Book, possibly the most commonly used standard-form construction contract in. The below are just a few of those resources.
ACENZ offers many resources to the general public and clients of our members. ACENZ GUIDELINES FOR PUBLIC AND CLIENT USE. 29 route de Prés-Bois CH-1215 Geneva 15 Visit our FAQ. The very useful, and first of its kind, GCC 2.įIDIC - World Trade Center II Geneva Airport Box 311. Old Norse iss, Old Frisian is, Dutch ijs, German Eis), with no certain cognates beyond Germanic, though possible relatives are Avestan aexa. FIDIC Quick Reference Guide Silver Book Year Published: 2015 Author: Brian Barr and Leo Grutter Publisher: ICE Publishing. Reprinted 1988 with editorial amendments. Conditions of Contract for Works of Civil Engineering Construction (Red Book 4th) First Edition 1957. General Conditions of Contract for Construction Works Third Edition (2015) & Guide to the General Conditions of Contract 2015 Second Edition. Ice definition, the solid form of water, produced by freezing frozen water.
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