FIDIC form

Yellow, Red and Silver Books (2nd edition, 2017)

Red, Yellow and Silver Book, 2nd editions, were launched at the FIDIC conference in London in December 2017 and since 23 December 2017 have been available to purchase. Contrary to the current trend to try and shorten standard forms, the new forms are longer than their respective 1st editions. This is in part due to the changes to the dispute avoidance/resolution clauses (clause 20 is split in 2) which ties in with FIDIC’s new emphasis on dispute avoidance and the increased emphasis on the role of the Engineer. While beneficial, new increased programming obligations and a move towards ‘real time’ claims management are likely to increase the administrative burden for both parties and the contract has become more prescriptive. Other amendments have been made to revise risk allocation (to more closely follow the Gold Book approach); to reflect current international best practice (in particular in relation to project management) and to address issues raised by users of the 1999 Rainbow suite over the past 17 years (by addressing issues that were commonly amended by particular conditions to the general conditions of the 1st editions).

FIDIC has advised that track change editions showing the differences between the 1st and 2nd editions of the Red, Yellow and Silver Books should be available to purchase during summer 2018.

Other new forms/updates

In October 2014 the FIDIC Contracts Committee mentioned that a new tunnelling/underground contract, a new operate, design and build (ODB) contract as well as new forms of subcontract for use with the Yellow and Silver Books were ‘on the drawing board’ along with a new glossary of terms. An update of the Blue-Green Book is also ‘in the works’ as well as a set of special conditions for use with FIDIC contracts in the renewable energy market.

It has also been reported that the Pink Book (3rd edition, 2010) will be withdrawn.