FIDIC Yellow Book is a practical guide for anyone involved in preparing, administering, or contributing to the FIDIC suite of contracts, 2017 edition. Designed as a companion for both the first-time and also more experienced user the book presents an accessible guide to the 21 clauses of the 2017 FIDIC Conditions of Contract, using the Conditions of Contract for Plant & Design-Build (Yellow Book) as a basis.
Opening chapters provide an introduction to international construction contracts, including the entire FIDIC suite of contracts, and there is also a list of definitions of key terms. Chapters in Part 2 provide a brief introduction to each of the Clauses and Sub-Clauses in the Yellow Book, and explain how they are interlinked. A final section provides a concise practical guide to the use of the FIDIC Conditions, and a summary of special provisions discussed in Part 2.
Drawing on the author’s 30 years’ experience with the FIDIC Conditions of Contract, this accessible guide to the FIDIC Yellow Book provides an ideal introduction for first time users of the FIDIC conditions of contract and will also serve as a very useful handbook and practical commentary for more experienced users.
Deciding between using a standard form or a bespoke document can be quite difficult. Our FIDIC expert, Jakob B. Sørensen, discusses the choice between standard and customised contracts in his article Infrastructure contracts: tailor-made or off-the-rack?
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Design and build contracts are a popular procurement route for clients, particularly for major infrastructure projects with an international dimension. FIDIC forms of contract are commonly used for major international projects, with the Yellow Book focussing on design and build. This book is therefore a companion, or practical guide, to the use of the 2017 revision of the Yellow Book.
The background and history of the FIDIC suite are described, together with a summary of how to select the appropriate form of contract. This then leads well into a more detailed description of how the Yellow Book should be practically applied, covering the full range of general conditions from Employer, Engineer and Contractor obligations, to testing, defects and termination. Exceptional events, insurance, claims and disputes are all covered in what is a very detailed, but practical, guide.
An appendix is provided of special provisions that may be considered by those drafting FIDIC Yellow Book forms of contract. This is a particularly useful addition to the guide which otherwise focuses on the standard general conditions.
The author highlights that this is not a legal textbook, which actually is a major strength insofar as it is easy to read and accessible for both newcomers to FIDIC and those with past experience. Overall I found this to be a well written and structured guide to a key standard form of contract used by the industry which will no doubt be an invaluable read for those responsible for administering such contracts.
Stuart Ross, Arup
Jakob Sørensen’ s companions to the 2017 editions of the FIDIC Red, Yellow and Silver Books are practical guides for anyone using the new FIDIC editions. They include informative chapters on construction projects and the FIDIC Conditions of Contract, followed by a clause-by-clause commentary on the Sub-Clauses in the new FIDIC editions, which forms the bulk of the companions, and several appendices. For a number of reasons, these companions are of great value. They are among the first books on the market dealing with the new 2017 FIDIC editions. The companions have a clear structure and are written in a straightforward language accessible to anyone. Having the background of a practising lawyer with substantial experience in construction law, Mr. Sørensen has succeeded in creating highly informative reads with a clear practical approach to the topics discussed. The clause-by-clause commentary in the companions contains clear and informative analysis of the discussed Sub-Clauses, which addresses a number of issues not covered in similar books on the market. The Appendices to the companions are also of great practical value, especially to those involved in the drafting of contracts based upon the FIDIC Conditions, as they contain sensible and useful suggestions for amendments or clarifications to the General Conditions, which contracting parties may consider introducing in their contracts. There is no doubt that these companions merit a strong recommendation. They are a must read to any construction professional dealing with or interested in the new FIDIC editions, including engineers, contracting parties and their legal advisors.
Dr. Dimitar Kondev, White & Case LLP, Paris