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Sarah Jane Hudson, consultant at Charles Russell Speechlys, considers the pre-release version of the second edition of the FIDIC Yellow Book, which is currently being unveiled at FIDIC conferences. It was first made available at the FIDIC users’ London conference in December 2016 (see News Analysis: FIDIC—an update on the new contracts and other developments).
For regular users of the FIDIC Yellow Book, the new edition will offer much more detailed conditions. Here I explain the key differences for practitioners to note.
The most notable change is that the Contract is now 50% longer and for those who enjoyed the relative brevity of the FIDIC conditions, this will be a disappointment. However, for those drafting Particular Conditions, FIDIC have now incorporated
additional requirements which make some Particular Conditions redundant.
FIDIC intends to formally publish the second edition of the Yellow Book (new edition) during the course of 2017, at the same time as the second edition of both the Red Book and Silver Book. FIDIC intends that the “new look” Yellow Book provisions
will be reflected in the amended Red and Silver Books as well. We have identified six key changes in the new edition, as follows:
FIDIC still enshrines the Engineer’s role in making “determinations” under clause 3.7 (previously clause 3.5). Importantly, the parties may refer many matters to the Engineer without having to make a formal claim under the revised
clause 20. The new edition requires the Engineer to:
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