International Construction Law Review
EIC CONTRACTOR’S GUIDE TO THE FIDIC CONDITIONS OF CONTRACT FOR PLANT AND DESIGN-BUILD* (THE NEW YELLOW BOOK)
FOREWORD
It is one of EIC’s principal objectives to contribute constructively to the development of acceptable and standard forms of contract for use in the international construction industry. EIC shares FIDIC’s viewpoint that standardisation, both in technical and administrative matters, is more likely to result in the satisfactory and trouble free execution of projects. EIC’s contribution to improving standard forms of contract was the publication of guides to FIDIC’s Silver and Red Books. The EIC Contractor’s Guide to the Silver Book (FIDIC Conditions of Contract for EPC Turnkey Contracts) was published in March 2000 and was followed in March 2002 by the EIC Contractor’s Guide to the Red Book (FIDIC Conditions of Contract for Construction).
The Silver Book is a completely new FIDIC form and EIC has expressed serious reservations over many of its provisions. On the other hand, the Red Book is essentially a revised version of the Fourth Edition of the Conditions of Contract for Works of Civil Engineering Construction; a document which most contractors are happy to accept. However, EIC believes that the Red Book will be more onerous for contractors.
The Yellow Book falls somewhere between those extremes. FIDIC recommends it for the provision of electrical and/or mechanical plant and/or other Works which may include any combination of civil, mechanical, electrical and/or construction works. EIC believes that such a broad application is inappropriate and we doubt the wisdom of trying to produce a standard form of contract for such a wide range of applications. EIC accepts that the Yellow Book provides a useful starting point for a Design-Build contract, which includes both plant supply and construction works. However, there are many provisions that are onerous and unlikely to be acceptable to contractors and, in EIC’s view, require redrafting.
In preparing this guide, we have followed a similar approach to the guides
* Reproduced from the Guide
, March 2003. © Copyright European International Contractors, 2003. ISBN 3–9808257-3–6. All rights reserved. Published by European International Contractors, Kurfürstenstrasse 129, D—10785, Berlin, Germany. Phone: ++493021286244; Fax: ++493021286285; E-mail: eicontractors@compuserve.com; Web: http://www.eicontractors.de
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EIC Contractor’s Guide to the New Yellow Book
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