New FIDIC/ITA form for Underground Works
EIC participates in the "friendly review" of the new FIDIC standard form for Underground Works that FIDIC develops in collaboration with the International Tunnelling and Underground Space Association (ITA).
Unique characteristics of underground construction projects
The new standard form is prepared in recognition of the unique characteristics of underground construction projects, which require a specialist contractual framework enabling the parties to manage the risks connected with geological, geotechnical and structural performance of the subsurface space. The difficulty in predicting ground behaviour and foreseeable conditions implies an inherent uncertainty in underground construction which gives rise to unique risks regarding construction practicability, time and cost. It is expected that the new FIDIC form will be modelled on the FIDIC Yellow Book with adjustments to accommodate the contractual challenges typical to underground construction.
EIC welcomes that FIDIC and ITA are joining forces to develop a contractual standard for the tunnelling industry, which will be modelled on the FIDIC Yellow Book with adjustments to accommodate the contractual challenges typical to underground construction. Arguably, the FIDIC Red Book would have been a more suitable starting point for the exercise than a design-build model, even though the new standard form allocates the risk of unexpected subsurface and groundwater conditions with the employer as the party who can best confront these risks.
EIC appreciates key role of Geotechnical Baseline Report
EIC appreciates the key role assigned to the Geotechnical Baseline Report, which sets out the sub-surface conditions anticipated under the contractually agreed underground excavation and lining design and construction methodology and states the allocation of the risks for sub-surface conditions between the parties.
Once the new FIDC/ITA standard form has been launched, EIC’s Working Group "Contract Conditions" will expand its set of Contractor’s Guides with an additional document.
FIDIC article on the new standard form for Underground Works