Red, Yellow and Silver Books, 2nd editions

Standard clauses

As with earlier editions, the key to reading and understanding the 2017 2nd edition of the FIDIC Red, Yellow and Silver Books is to understand their structure. Unlike the earlier editions these versions have 21 clauses in the general conditions and (other than the FIDIC Red Book where clause 5 deals with subcontractors and clause 12 deals with measurement) they follow the format as set out below:

Clause 1 – General provisions
Clause 2 – The employer
Clause 3 – The engineer
Clause 4 – The contractor
Clause 5 – Design
Clause 6 – Staff and labour
Clause 7 – Plant, materials and workmanship
Clause 8 – Commencement, delays and suspension
Clause 9 – Tests on completion
Clause 10 – Taking over
Clause 11 – Defects after taking over
Clause 12 – Tests after completion
Clause 13 – Variations and adjustments
Clause 14 –Contract price and payment
Clause 15 – Termination by employer
Clause 16 – Suspension and termination by contractor
Clause 17 – Care of the works and indemnities
Clause 18 – Exceptional events
Clause 19 – Insurance
Clause 20 – Employer’s and contractor’s claims
Clause 21 – Disputes and arbitration.

Template forms

The FIDIC forms also contain standard:

• examples of the different types of bonds and guarantees that the parties may be required to enter into (although parties frequently use bespoke forms of security documents);
• wording for the letter of tender (including a template appendix to tender);
• contract agreement; and
• dispute avoidance/adjudication agreements.