Fidic's red book 1999 edition: A study review

Hillig, J B; Dan-Asabe, D; Donyavi, S; Dursun, O and Thampuratty, A (2010) Fidic's red book 1999 edition: A study review. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 163(3), pp. 129-133. ISSN 17514312

Abstract

The paper describes the main features of the 1999 edition of Fidic's Red Book, possibly the most commonly used standard-form construction contract in international projects. The paper is addressed to construction professionals who already have an understanding of English construction contracts but have not yet looked into Fidic contracts. The 1999 Red Book is for use when the contractor has been given the design by the employer. The contract features general and particular conditions, the latter of which have to be drafted by the parties before the contract is entered into. A typical feature of the 1999 Red Book is the role of the engineer. Whether he has to act for the employer or whether he has to make a fair determination depends on the matter in question. There are two striking differences from the contract JCT SBC 2005 regarding claims of the contractor. First, only the 1999 Red Book contains strict time bars. Second, the clauses which contain events that justify claims are spread out over the whole contract and not contained in comprehensive lists of events. New features are clause 13.2 on value engineering and clause 20 on the impartial dispute adjudication board.

Item Type: Article
Uncontrolled Keywords: arbitration/liability; contracts; law/disputes
Index terms: international project, value engineering, liability, JCT, arbitration, construction professional, construction contract, engineer, FIDIC, dispute, adjudication
Subjects: profession, dispute resolution, value management, professional development, strategic management, standard forms of contract, contract type, liability law
Topics: Information Management, Cost Management, Roles and Professions, International Construction, Procurement, Legal Issues
Descriptive scope: 2 PC

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here