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EIC CONTRACTOR’S GUIDE POSITION ON THE FIDIC YELLOW BOOK 2nd EDITION 2017

International Construction Law Review

EIC CONTRACTOR’S GUIDE POSITION ON THE FIDIC YELLOW BOOK 2nd EDITION 2017 * MATHIAS FABICH ** General Manager, PNC Norge AS VILIAM KOPRDA *** Group Leader of the Contracts Management International, Department of Contracts Management and Prequalification, PORR Bau GmbH Austria ABSTRACT On 5 December 2017, the International Federation of Consulting Engineers (hereinafter “FIDIC”) published the Second Editions of their Red, Yellow and Silver FIDIC Conditions of Contracts. In line with previous practice, the federation of European International Contractors (hereinafter also “EIC”) published in January 2020 the EIC Contractor’s Guide to the FIDIC Conditions of Contract for Plant and Design-Build (2nd Edition 2017). In this article the authors will summarise the EIC’s observations presented in the EIC Contractor’s Guide and provide the EIC’s conclusions as to whether the FIDIC Yellow Book, 2nd Edition 2017 represents a step in the right direction in the evolution of the FIDIC Contracts. * This article presents a summary of the main findings of the EIC Contractor’s Guide to the FIDIC 2017 Conditions of Contract for Plant & Design-Build. The authors would like to express its appreciation of the respective work carried out by the members of the EIC’s Conditions of Contract Working Group, the Working Group’s secretary Frank Kehlenbach and the EIC’s Associated Company Members, who contributed to the preparation of the EIC Contractor’s Guide. The authors also thank Marilia Xanthouli from PORR Bau GmbH for her assistance in preparation of the chapter “Summary of Regressions” of this article. ** General Manager, PNC Norge AS (branch office in Norway of PORR Bau GmbH, Austria), Chairman of the Working Group Contract Conditions, European International Contractors, Master in Construction Law at King’s College, London (Email: mathias.fabich@pnc-norge.no). *** Group Leader of the Contracts Management International, Department of Contracts Management and Prequalification, PORR Bau GmbH Austria (Email: viliam.koprda@porr.at). 266

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