FIDIC Contract Notes
What is FIDIC?
FIDIC stands for Fédération Internationale Des Ingénieurs-Conseils (International
Federation of Consulting Engineers). It publishes standard forms of contracts used widely in
construction and infrastructure projects globally.
Main Types of FIDIC Contracts
- Red Book: For building and engineering works designed by the employer.
- Yellow Book: For design and build projects.
- Silver Book: For turnkey EPC projects.
- Green Book: Short form for small/simple projects.
- Gold Book: Design-Build-Operate projects with long-term operation.
Key Roles in FIDIC
- Employer: Owner of the project.
- Engineer: Administers the contract and certifies payments.
- Contractor: Executes the works.
- DAB: Dispute Adjudication Board resolves disputes.
Key Clauses in FIDIC (1999 Red Book)
- Clause 1: General Provisions
- Clause 2: The Employer
- Clause 3: The Engineer
- Clause 4: The Contractor
- Clause 8: Commencement, Delays, Suspension
- Clause 11: Defects Liability
- Clause 13: Variations and Adjustments
- Clause 14: Contract Price and Payment
- Clause 20: Claims, Disputes and Arbitration
Claims Procedure (Clause 20.1)
1. Notice of claim within 28 days of event.
2. Substantiate claim with records within 42 days.
3. Engineer makes determination.
4. Unresolved claims go to DAB.
5. If still unresolved, proceed to arbitration.
Payments in FIDIC
- Interim Payment Certificates issued monthly.
- Retention money withheld to ensure defect correction.
- Advance payment made upon mobilization.
- Final payment issued after Defects Notification Period.
Defects Notification Period (DNP)
- Typically 12 months from Taking Over Certificate.
- Contractor must fix defects at own cost.
- Final certificate issued post DNP.
Variations (Clause 13)
- Engineer may instruct changes.
- May result in time and cost adjustment.
- Contractor must comply even if disputed.
Dispute Resolution
1. Engineer’s Decision.
2. Dispute Adjudication Board (DAB).
3. Notice of Dissatisfaction within 28 days.
4. Final step: Arbitration (e.g., ICC rules).