Bookshelf

FIDIC 2017: A Practical Legal Guide

Edward Corbett, Andrew Tweeddale, Victoria Tyson, Joanne Clarke, Gabriel Mulero Clas, Kerry Higgins, George Rosenberg, Dominic Helps, Roger Button, Stephen Mangan, James Reader
Hardback, Corbett & Co, £175.00
719 pages
ISBN-13: 978-1527272555

As a user and adviser to parties that use the International Federation of Consulting Engineers (FIDIC) forms of contract it is a real pleasure to find such a useful book. The guide is both comprehensive and analytical in its examination of the Red, Yellow and Silver 2017 forms of contract. The book examines each clause and flags up differences between the Red, Yellow and Silver books. Whilst parties are only just using the 2017 contracts for tenders currently; 2021 will see the roll out of projects using the 2017 forms globally, following the agreement reached between FIDIC and the World Bank and multilateral development banks.

It pulls no punches and the authors – as leading experts on the subject – express areas where FIDIC hasn’t got the changes from earlier editions quite right in their opinion. The publisher claims that “the book offers engineers, contractors, adjudicators, arbitrators, construction professionals as well as solicitors and barristers a detailed and authoritative commentary on all issues relating to the new FIDIC suite of contracts” and I would have to agree. The authors have also provided around 100 pages of draft notices setting out short precedents for every notice referred to in the Yellow Book, which is invaluable to new users of the contracts.

Another handy feature of the book is that it contains over eight pages of cases cited from around the world that would be of assistance to the FIDIC user, as well as a series of flow charts that clearly set out what must be done and by what date. This is invaluable where notices are condition precedent to payment, time barring of claims is used and loss of entitlements such as the right to refer a matter to arbitration are incorporated into the contract.

Whilst the book does cost £175.00 to purchase, it is worth every penny. My only criticism is that it is not currently available in an electronic format, like Keating or Hudson. For those frequently moving around globally and travelling light, it is a bit bulky.

Sean Sullivan Gibbs BSc LLM FCInstCES FRICS FCIOB