FIDIC contracts (pre-2017 editions)—sub-contracting
FIDIC contracts (pre-2017 editions)—sub-contracting

The following Construction practice note provides comprehensive and up to date legal information covering:

  • FIDIC contracts (pre-2017 editions)—sub-contracting
  • Approach to sub-contracting in the FIDIC contracts
  • No sub-contracting without consent
  • Nominated sub-contractors
  • Assignment of sub-contracts on termination/following completion of main contract
  • Programme
  • The FIDIC sub-contracts
  • Overall philosophy of the sub-contracts: pass-down approach
  • Deemed knowledge of the main contract
  • Rights and entitlements passed down
  • More...

FIDIC contracts (pre-2017 editions)—sub-contracting

This Practice Note examines the approach to sub-contracting under the 1999 editions of the FIDIC Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. It also looks at the key features of the two standard form sub-contracts published by FIDIC:

  1. Conditions of Subcontract for Construction 2011, which is for use with the Red Book 1999 and, with some amendments, the Pink Book 2010 (the Red Book sub-contract)

  2. Conditions of Subcontract for Plant and Design-Build 2019, which is for use with the Yellow Book 1999 (the Yellow Book sub-contract)

Despite being published in 2019, the Yellow Book sub-contract is for use with the 1999 edition of the Yellow Book main contract—not the 2017 edition.

For information on sub-contracting under the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—sub-contracting.

Approach to sub-contracting in the FIDIC contracts

The key principle in the FIDIC contracts in relation to sub-contracting is that the contractor remains responsible to the employer for work carried out by sub-contractors. This is enshrined in clause 4.4 of the Red, Yellow, Silver, Pink and Gold Books.

The contractor cannot sub-contract the whole of the works. If it does so in breach of clause 4.4, the employer can terminate the contract (clause 15.2(d)).

No sub-contracting without consent

In the Red, Yellow, Gold and Pink Books, the contractor must

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