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FIDIC – Conditions of Contract for EPC-Turnkey NY 01/03/09 PM. GENERAL CONDITIONS. GUIDANCE. Appendix 3. FIDIC (Silver Book) Conditions of. Contract for EPC Turnkey Projects *. Subclause 20 – Claims, Dispute and Arbitration. Contractor’s Claims. FIDIC Contracts are widely used in the international construction Silver Book which refers to Conditions of Contract for EPC/Turnkey Projects.

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Contracts and Agreements Collection English only printed version. In addition it is blok that many Employers, especially governmental agencies, may require special conditions of contract, or particular procedures, which differ from those included in the General Conditions. The attached article focuses on the changes made to the Silver Book only, since that is the contract form in the FIDIC suite most relevant to limited recourse financing of construction projects, and examines the impact of the changes in the Second Edition for those parties that elect to use the FIDIC Silver Book in that context.

The FIDIC Silver Book – Impact for Project Financed EPC contracts – summary

Real Estate and Construction. Modifications may be required in some jurisdictions, particularly if the Conditions are to be used on domestic contracts. Unless it is considered suitable, example wording should not be used without amendment.

However, the changes do provide some trunkey clarity on certain provisions and they also represent some procedural and administrative modifications which the contracting parties will need to be aware of if they choose to use the new editions. Clearly the Employer will wish to know and follow progress of the work and be assured that the time programme is being followed. Since the publishing of the Hackitt Interim Report in December and the Final Report in Maythe Government has been under increasing pressure to revise building regulations Group Extras Related products.

Initial Update Task Group: These areas are explored further in the attached article. Watermarked Contracts and Agreements Collection English only electronic version. FIDIC recognizes that privately-financed projects are usually subject to more negotiation than publicly-financed ones and that therefore changes are likely to have to be made in any standard form of contract proposed for projects within a BOT or similar type venture.


Depending on the type of work and the circumstances, this form may also be suitable for contracts of greater value, particularly for relatively simple or repetitive work or work of short duration. Major turnkey projects may require some negotiation between the parties.

This Second Edition of the FIDIC Silver Book maintains the principles of risk sharing established in the edition, while seeking to build on the substantial experience gained from its use over the past 18 years. The best advice is clearly to comply with the time limit provided by Sub-Clause This article may require cleanup to meet Wikipedia’s quality standards.

The use of the Silver Book but this is true also tyrnkey the other FIDIC forms requires however a competent contract administration both from the Employer confract the Contractor to avoid any pitfall and to ensure that it reaches fully the aim the parties have in mind.

This Dispute Adjudication Agreement provides text for the agreement between the Employer, the Contractor and the person appointed to act either as sole adjudicator or as a member of a three-person dispute adjudication board; and incorporates by reference the terms in the Appendix to the General Conditions.

The guidance hereafter is intended to assist writers of the Particular Conditions by giving options for various sub-clauses where appropriate.

EPC/Turnkey Contract 1st Ed ( Silver Book) | International Federation of Consulting Engineers

Events from this Firm. Media, Telecoms, IT, Entertainment. Unless the Contractor gives a notice to the contrary in case of specific and limited cases, the latter will be bound by any variation instructed by the Employer.

The other theme that presents itself in silvwr changes is the presence of increased reciprocity in the rights and duties of both parties. One of the most important issues for any contractor is the entitlement to submit claims.

FIDIC has published a document entitled “Tendering Procedure” which presents a systematic approach to the selection of tenderers and the obtaining and evaluation of tenders; the second edition was published in Drafts were reviewed by many persons and organisations, including those listed below. Contracts and Commercial Law.

In general terms however, the most relevant provision of the Silver Book is contained in Sub-Clause In order to clarify the sequence of Contract activities, reference may be made to the charts on the next two pages and to the Sub-Clauses listed below some Sub-Clause numbers are also stated in the charts.


Various drafts were reviewed by the following persons or organisations: The new versions are the first major updates to the FIDIC forms since the First Editions were released inand include a number of notable changes. The document is intended to assist the Employer to receive sound competitive tenders with a minimum of qualifications.

For example, this edition provides: Therefore the tendering procedure has to permit discussions between the Tenderer and the Employer about technical matters and commercial conditions. However, the Employer’s Representative does not play an independent role.

Again particular attention should be given to the Employer’s Requirements to avoid any liability actually unknown to the Contractor. If the Contractor is to carry such risks, the Employer obviously must give him the time and opportunity to obtain and consider all relevant information before the Contractor is asked to sign on a fixed contract price.

Silver Book aims at providing the Employer certainty in terms of costs and time for completion. From Wikipedia, the free encyclopedia. It should therefore be noted that some of the provisions contained in the General Conditions may not be appropriate for an apparently-typical contract. Our team and biographies News Focus Newsletter. Whether the time-bar-provision will be enforceable or not will clearly depend on the governing law of the Contract but this will eventually be discussed during the dispute or even at contentious level.

Where example wording is amended, and in all cases where other amendments or additions are made, care must be taken to ensure that no ambiguity is created, either with the General Conditions or between the clauses in the Particular Conditions. The forms are recommended for general use where tenders are invited on an international basis.