International Construction Law Review
BOOK REVIEW
HUMPHREY LLOYD
Understanding the New FIDIC Red Book: A Clause-by-Clause Commentary.
By Jeremy Glover and Simon Hughes. London: Thompson Sweet & Maxwell, 2006. ISBN 10:0421–915–900; ISBN 13: 978–042191590–9. Hardback. £145; â218 approx.
In his Introduction to this book Christopher Thomas, QC, says that it is to provide “a practical text, aimed at lawyers and those advising contractors and employers by addressing and reviewing the 1999 edition of the ‘Red Book’ published by FIDIC”. Mr Thomas then says: “Surprisingly little commentary and review has taken place in respect of this edition, especially in the format of clause by clause consideration of the provisions.” This is a striking observation as there are the excellent commentaries (if not in quite the same format) by Dr Nael Bunni and Mr Brian Totterdill, there is the EIC Contractor’s Guide
, there is FIDIC’s own FIDIC Contracts Guide
, as well as numerous articles published in The International Construction Law Review,
most of which are generously referred to by Mr Thomas in his Introduction or are mentioned by the authors. In addition the recent appearance (perhaps after this book went to press) of International Construction Arbitration Law
by Jane Jenkins and Simon Stebbings, reviewed here in April (page 239), is useful to understanding the FIDIC Red Book although it is not of course a detailed commentary.
The book, however, is what it says in that it begins at clause 1 and ends with comments on the “General Conditions of Dispute Adjudication Agreement”. The authors (Jeremy Glover is a partner in the London firm of Fenwick Elliot and Simon Hughes is a barrister in Keating Chambers, London) helpfully include comments on the variations recently introduced by the Multilateral Development Banks’ “Harmonised Edition” (published in March 2005 and March 2006). The text is therefore up to date (although it remains to be seen if anybody apart from MDBs will use their version). The historical background to the Red Book (although well known to readers of this Review
and readily accessible from the FIDIC website) is covered by Mr Thomas in his Introduction.
The commentaries are generally basic explanations of the text of the Conditions, mainly by way of restatement. In most contracts incorporating the FIDIC Conditions, the Particular Conditions (Part II) affect the General Conditions (Part I) so it is disappointing that typical alterations beyond those suggested by FIDIC are not discussed (e.g., provisions on programmes that flesh out clause 8.3). There is not as much discussion of points that give rise to questions as one would have expected. For example, the commentaries on clauses 12.1 and 12.2 are remarkably short. The concept of “measure and value” is a UK export and is not understood by many. Not all international contracts actually have a Bill of Quantities of the kind needed
[2007
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