ABSTRACT

Federation Internationale des Ingenieurs-Conseils (FIDIC) wanted to prevent parties from using the Particular Conditions of Contract to fundamentally change the risk allocation and therefore the very nature of a FIDIC contract. The FIDIC Forms also contain Guidance for the Preparation of Particular Conditions, which includes notes on the preparation of tender documents and also highlights some of the key points which, if missed, could lead to difficulties during the project. One of FIDIC’s main current concerns is that, whilst the 1999 Rainbow Suite is the most widely used set of construction contracts globally, the FIDIC contracts are frequently amended to such an extent that their fundamental characteristics can seem to be lost. There is a difference between the design obligations of the contractor under the Rainbow suite and the consultant who enters into a White Book agreement. Obviously, the engineer is not a party to the construction contract, having a separate contract with the employer.