The terms of the Client Consultant Model Services agreement (The White Book) have been prepared by FIDIC and are recommended for general use for the purposes of pre-investment and feasibility studies, designs and administration of construction and project management, where proposals for such services are invited on an international basis. They are equally adaptable for domestic agreements.
Form of Agreement, General Conditions, Particular Conditions, Appendices 1- 5
The Agreement represents the basic form of a Contract of Appointment between a Client and its Consultant. It is intended to cover the minimum requirements of a typical appointment contract. Additional or amended clauses may be required in the Particular Conditions to address particular project and commercial issues between the parties. This Fifth Edition of the White Book has enhanced the duty of care obligations placed on the Consultant.
Conditions of Contract for Construction, which are recommended for building or engineering works designed by the Employer or by his representative, the Engineer. Under the usual arrangements for this type of contract, th Contractor constructs the works in accordance with a design provided by the Employer. However, the works may include some elements of Contractor-designed civil, mechanical, electrical and/or construction works.
Second Edition of the FIDIC "Conditions of Contract for Construction" (Red Book) published in 2017 as an update of the FIDIC 1999 First Edition.
Conditions of Contract for Construction (Multilateral Development Bank Harmonised). For Building and Engineering Works designed by the Employer.
The MDB Harmonised Conditions of Contract for Construction, are recommended for building or engineering works designed by the Employer or by his representative, the Engineer. The Conditions are for use under licence for projects financed by the Multilateral Development Banks. Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer. However, the works may include some elements of Contractor-designed civil, mechanical, electrical and/or construction works.
By publishing the Gold Book in 2008 FIDIC answerd on a growing need for a document which combines a design-build obligation with a long term operation commitment. FIDIC has chosen to adopt the green-field Design-Build-Operate scenario, with a 20-year operation period, and has opted for a single contract awarded to a single contracting entity to optmise the coordination of innovation, quality and performancem rather than award separate contracts for design-build and for operation. The Contractor has no responsibility for either financing the project or for its ultimate commercial success.
Second Edition of the FIDIC "Conditions of Contract for EPC/Turnkey Projects" (Silver Book) published in 2017 as an update of the FIDIC 1999 First Edition.
Second Edition of the FIDIC "Conditions of Contract for Plant & Design Build" (Yellow Book) published in 2017 as an update of the FIDIC 1999 First Edition.
Conditions of Contract for Plant and Design-Build, which are recommended for the provision of electrical and/or mechanical plant, and for the design and execution of building or engineering works. Under the usual arrangements for this type of contract, the Contractor designs and provides, in accordance with the Employer’s requirements, plant and/or other works; which may include any combination of civil, mechanical, electrical and/or construction works.
Prepared by FIDIC for use in conjunction with the FIDIC Conditions of Contract for Construction for building and engineering works designed by the employer (Red Book), First Edition, 1999, and with the Multilateral Development Bank Harmonised Edition of the Red Book.
In 1999, FIDIC published the following forms of contract, which are covered by this Guide:
Conditions of Contract for Construction, Conditions of Contract for Plant and Design-Build, Conditions of Contract for EPC/Turnkey Projects
Conditions of Contract for EPC Turnkey Projects are recommended for projects where one entity takes total responsibility for the design and execution of an engineering project. Under the usual arrangements for this type of contract, the entity carries out all the Engineering, Procurement and Construction (EPC): providing a fully-equipped facility, ready for operation (at the "turn of the key").
The purpose of these guidelines is to present the commonly used methods of consultant selection, to explain the respective procedures and to combine them all in one compact document, as well as to emphasise and explain FIDIC's policies on the subject of selection.
FIDIC has developed model forms for two types of associations between services suppliers - this Model Joint Venture Agreement and a Model Sub-Consultancy Agreement.
These two model forms of agreement are compatible with the 2017 fifth edition of FIDIC’s "Client/Consultant Model Services Agreement" (the White Book).
This model Joint Venture Agreement will allow the parties to agree, on a project-specific basis, their obligations, services and rewards within the Joint Venture created among them by the effect of this Model Joint Venture Agreement. It is not intended to create a legal entity or to be used to create a more permanent non-project specific legal association.
FIDIC Model Representative Agreement (Purple Book), First Edition, 2013
The terms of the Model Representative Agreement are intended for Consultants wishing to enter into a contract with a Representative for the provision of Representative Services.
ISBN 978-2-88432-069-4, First Edition, 2013, soft cover, A4, 30 pages
These Conditions of Contract are recommended for engineering and building work of relatively small capital value. However, depending on the type of work and the circumstances, the Conditions may be suitable for contracts of considerably greater value. They are considered most likely to be suitable for fairly simple or repetitive work or work of short duration without the need for specialist sub-contracts. This form may also be suitable for contracts which include, or wholly comprise, contractor-designed civil engineering, building, mechanical and/or electrical works.
The Sub-Consultancy Agreement has been developed from the Fifth Edition 2017 of the Client/Consultant Model Services Agreement "White Book" and is intended for use where a Consultant appointed under the White Book desires to engage a Sub-Consultant to undertake part of the Services. The Sub-Consultancy Agreement therefore incorporates many of the terms and conditions of the White Book such that the obligations and rights of the Sub-Consultant are largely consistent with those of the Consultant under the White Book.
Proposed Alternative Mechanism to Award Construction Works Contracts.
The current Low Bid method that prevails through most of the world, is to select the construction contractor with the lowest price. Under the Low Bid method the client/owners run the significantrisk of selecting a contractor that has either accidently or deliberately submitted an unrealistic price.