IChemE ‘Yellow Book’ (4th Edition) and ‘Brown Book’ (3rd Edition)
Produced in partnership with Peter Jansen of Keystone Law
IChemE ‘Yellow Book’ (4th Edition) and ‘Brown Book’ (3rd Edition)

The following Construction practice note produced in partnership with Peter Jansen of Keystone Law provides comprehensive and up to date legal information covering:

  • IChemE ‘Yellow Book’ (4th Edition) and ‘Brown Book’ (3rd Edition)
  • Nature of sub-contracting
  • Subcontractor’s responsibilities
  • Main contractor and contract manager
  • Variations
  • Care of the works and insurances
  • Completion and testing
  • Performance tests
  • Acceptance
  • Suspension and termination
  • More...

IChemE ‘Yellow Book’ (4th Edition) and ‘Brown Book’ (3rd Edition)

This Practice Note examines the 2013 editions of the IChemE Yellow Book (4th Edition) and Brown Book (3rd Edition) forms of sub-contract. These forms are intended to be used with the three similar forms of IChemE main contracts (the Red, Green and Burgundy Books) for process plants. In relation to the main contracts, see Practice Notes:

  1. IChemE Conditions 5th Edition—'Red Book'

  2. IChemE Conditions 'Green Book' 4th Edition

  3. IChemE Conditions ‘Burgundy Book’ 2nd Edition

The Yellow Book and Brown Book sub-contracts cover (respectively) civil engineering works and ‘subcontract plant’ provided by a sub-contractor. A detailed description of the sub-contract works should be set out in Schedule 1 of the Yellow and Brown Books.

Nature of sub-contracting

The sub-contract works are a part of the main contract works (and sub-contract plant may be a component of main contract plant) which the sub-contractor carries out under what is referred to as a ‘back-to-back’ relationship. This requires an express acknowledgment that the sub-contract works (and plant) form part of the main contract works/plant. In the Yellow/Brown Books, the sub-contractor expressly undertakes to avoid putting the contractor in breach of its corresponding obligations under the main contract (clause 3.10). However, this commitment only applies in respect of those main contract provisions specifically notified to the sub-contractor in Schedule 22 (containing particulars of the

Related documents:

Popular documents