Introduction to the FIDIC Suite of Contracts (Updated)

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The origins of the FIDIC suite -

The Fédération Internationale Des Ingénieurs-Conseils (FIDIC) was founded in Belgium in 1913. Since then, it has become the foremost representative body for the world's consulting engineers, with member associations in some 100 countries.

Although the Contracts Committee became one of its earliest constituent parts soon after FIDIC's foundation, it was not until 1957 that the first FIDIC standard form contract was produced.

The first contract, known as the Red Book First Edition, was not actually drafted by FIDIC but was instead an authorised 're-badging' by FIDIC, of the ICE Conditions of Contract Fourth Edition, published by the Institution of Civil Engineers. This was itself an 'international' contract in the sense that it had been adopted by the Association of Consulting Engineers (ACE) as such. Although the modern FIDIC forms have developed very significantly since the 1950s, it is still relevant to note that '[t]he Red Book is based on a domestic contract.'

These common law origins continue to be used as a criticism by some commentators, especially in civil law jurisdictions, who are sceptical of FIDIC's entitlement to its paramount position, though the Silver Book, for example, owes relatively little to an English heritage. Successive editions of the Red Book were issued in 1969, 1977 and 1987.

The other long-established FIDIC contract is the Yellow Book,7 first produced in 1963 and with subsequent editions in 19808 and 1987,9 which is the design and build equivalent of the employer design Red Book...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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