International Construction Law Review
THE THREE MAJOR NEW FIDIC BOOKS
PETER L BOOEN
FIDIC’s Principal Drafter and Gibb’s Head of Contracts
FIDIC’S PREVIOUS STANDARD FORMS OF CONTRACTS
Prior to 1998, Fédération Internationale des Ingénieurs-Conseils (FIDIC) published three forms of building and engineering contracts:
- for civil engineering works (known as the Red Book);
- for electrical and mechanical works (known as the Yellow Book); and
- for design-build (known as the Orange Book).
These three previous forms developed steadily over the years.
Starting with the 1977 edition of the Red Book, its Explanatory Memorandum stated that “The Clauses of universal application have been grouped together and are referred to as Part I”; and there were no payment terms in Part I. Numerical data was to be contained in an Appendix to Tender; other data (including payment provisions, law and language) was to be included in a Part II of each contract. The document concluded with notes intended as an aide-memoire
in the preparation of the Part II, but many organisations developed standard Part IIs.
The 1980 edition of the Yellow Book similarly contained clauses of universal application in Part I; and numerical data was to be contained in an Appendix to Tender. Other data was to be included in Part II; and the document concluded with brief guidance for its preparation.
The Foreword of the 1987 edition of the Red Book stated that “The Clauses of general application have been grouped together in this document and are referred to as Part I”; the latter contained detailed payment provisions, but nothing for an advance payment. Again, numerical data was to be contained in an Appendix to Tender, and other data (law, language, etc.) was to be included in a Part II of each contract. Guidance and example working for the preparation of such a Part II was published in a separate document.
The 1987 edition of the Yellow Book contained a more detailed Part I, and introduced a Preamble for insertion of essential data in lieu of an Appendix to Tender. The data which was to be included in the Part II of each contract, for which some sample wording was given, was stated as being required if alternative solutions to the relevant Part I provisions were necessary.
Thus, the Red and Yellow Books have developed in the direction of “user-friendliness”, where the “users” are the individuals who write and administer the contracts. Prior to 1987, these Books contained the terms which were not expected to be changed; and any job-specific terms had to be
Pt. 1]
The Three Major New FIDIC Books
25