EIC Contractor’s Guide on FIDIC 2017 Red Book (Reprinted 2022) now available

In December 2017, the International Federation of Consulting Engineers (FIDIC) published the Second Editions of their Red, Yellow and Silver FIDIC Conditions of Contracts. In December 2022, FIDIC published amendments to its 2017 suite of standard form construction contracts, including to the Construction Contract (‘Red Book’), and incorporated them into “reprinted” versions of the contracts.

In line with previous practice, EIC has now published an ‘EIC Contractor’s Guide to the FIDIC Conditions of Contract for Construction’ (2nd Edition 2017, Reprinted 2022 with amendments)’ in which we have summarised our observations as to what we consider as improvements and what we believe to be retrogressions of the FIDIC 2017 Red Book when compared to its predecessor. We have followed a similar approach to previous EIC Guides and commented only where we believe that there are matters of importance to consider and only at length where there are important issues at stake.

EIC has also studied the ‘FIDIC Reprints 2022’ which comprise combined amendments arising from three set of errata and amendments published in December 2018, June 2019 and November 2022 and which became effective as of January 2023. Where necessary, we have added a paragraph at the end of the relevant Sub-Clause which highlights the effect of the amendment introduced by the FIDIC Reprints. 

EIC would like to recall that the most notable difference between the FIDIC 2017 Red Book and its predecessor, published in 1999, is that it is far more prescriptive. Indeed, the entire 2017 FIDIC suite of contracts has increased significantly in volume necessitating greater diligence by project teams. The success of the FIDIC 1999 edition lay perhaps in its robustness and simplicity. Additional prescription is welcome where the FIDIC 1999 Conditions were lacking clarity. However, the introduction of highly complex contractual processes and procedures and the attempt to anticipate all arguments that may be raised by way of dispute may well prove costly and, initially, more difficult to manage.

Background: As a ‘friendly reviewer’, EIC has been reviewing the new and updated standard forms of contract published by FIDIC for more than fifty years. After preparing its own standard form of turnkey contract form back in 1994, the ‘EIC Turnkey Contract’, EIC drafted altogether five ‘EIC Contractor’s Guides’ on the FIDIC 1999 suite of construction contracts, including on FIDIC’s Design, Build and Operate form and on the so-called MDB Harmonised Construction Contract. An EIC Contractor’s Guide is also available for the FIDIC 2017 Conditions for Plant and Design-Build (‘Yellow Book’). These EIC commentaries have been considered by the International Construction Law Review as ‘valuable, as they are the product of a responsible and reputable international organisation’.

You may purchase this and/or other EIC Contractor’s Guides through the EIC Bookshop.