FIDIC Yellow Book 2019 PDF: A Comprehensive Guide for Construction Projects
If you are involved in any international construction project, you may have heard of the term FIDIC or the FIDIC Yellow Book. But what exactly is FIDIC and what does the Yellow Book entail? In this article, we will provide you with a comprehensive guide to the FIDIC Yellow Book 2019 PDF, covering its definition, features, benefits, and how to download it for free.
What is FIDIC and why is it important?
FIDIC stands for Federation Internationale des Ingenieurs-Conseils
FIDIC is an acronym for the French name of the International Federation of Consulting Engineers, which is a global organization that represents the interests of engineering consultancy firms. Founded in 1913, FIDIC has over 100 member associations from more than 100 countries, representing over one million engineers worldwide.
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FIDIC publishes standard contracts for international construction projects
One of the main activities of FIDIC is to publish standard forms of contracts for various types of construction projects, such as buildings, infrastructure, industrial plants, power plants, etc. These contracts are intended to be used as templates or models that can be adapted to suit the specific needs and circumstances of each project. They are also designed to be compatible with different legal systems and cultures.
FIDIC contracts are widely used and recognized by employers, contractors, consultants, and lenders
FIDIC contracts are widely used and recognized as the leading standard contracts for international construction projects. They are preferred by many employers, contractors, consultants, and lenders because they offer a number of advantages, such as:
They are based on the extensive experience and expertise of FIDIC and its members in the construction industry
They reflect the current best practices and international standards for construction projects
They provide a clear and consistent framework for the rights and obligations of the parties
They facilitate the communication and cooperation between the parties
They reduce the potential for disputes and conflicts by providing mechanisms for their prevention and resolution
What is the FIDIC Yellow Book and what are its features?
The FIDIC Yellow Book is the Conditions of Contract for Plant and Design-Build
The FIDIC Yellow Book is one of the most popular and widely used FIDIC contracts. It is also known as the Conditions of Contract for Plant and Design-Build, or simply as the Design-Build Contract. It was first published in 1999 and revised in 2017. The latest edition, which is the 2019 edition, was published in December 2019.
The FIDIC Yellow Book is suitable for projects where the contractor designs and builds the works
The FIDIC Yellow Book is suitable for projects where the contractor is responsible for both the design and the construction of the works, such as power plants, industrial plants, buildings, bridges, roads, etc. The contractor may also provide operation and maintenance services for the works after completion. The employer, on the other hand, provides the contractor with the requirements and specifications for the works, such as the performance criteria, functional requirements, quality standards, etc.
The FIDIC Yellow Book covers the following aspects of the contract:
General provisions
This section contains the general definitions, interpretations, and rules that apply to the contract. It also sets out the governing law, language, notices, communications, and other general matters.
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The employer
This section defines the role and responsibilities of the employer, such as providing the contractor with access to the site, obtaining permits and approvals, paying the contract price, etc. It also specifies the rights and remedies of the employer in case of breach or default by the contractor.
The engineer
This section defines the role and responsibilities of the engineer, who is appointed by the employer to act as its representative and agent in administering and supervising the contract. The engineer's duties include issuing instructions, approving drawings and documents, certifying payments, determining variations, evaluating claims, etc. The engineer is also required to act impartially and fairly when performing certain functions, such as determining disputes or issuing determinations.
The contractor
This section defines the role and responsibilities of the contractor, such as designing and executing the works, providing the plant, materials, and equipment, complying with the quality and safety standards, etc. It also specifies the rights and remedies of the contractor in case of breach or default by the employer.
Design
This section deals with the design obligations and liabilities of the contractor, such as submitting the design documents, obtaining the engineer's approval, ensuring the fitness for purpose of the design, etc. It also addresses the issues of intellectual property rights, errors in design, and changes in design.
Staff and labour
This section deals with the staff and labour obligations and liabilities of the contractor, such as providing qualified and experienced personnel, complying with the labour laws and regulations, ensuring the welfare and safety of the workers, etc. It also addresses the issues of subcontracting, assignment, and third-party involvement.
Plant, materials and workmanship
This section deals with the plant, materials and workmanship obligations and liabilities of the contractor, such as providing suitable and sufficient plant, materials and equipment, complying with the specifications and standards, ensuring the quality and durability of the works, etc. It also addresses the issues of inspection, testing, rejection, and rectification of defects.
Commencement, delays and suspension
This section deals with the commencement, delays and suspension obligations and liabilities of the contractor, such as commencing the works within the specified time, progressing the works according to the programme, notifying and mitigating any delays or disruptions, etc. It also addresses the issues of extension of time, liquidated damages, suspension of works, and resumption of works.
Tests on completion
This section deals with the tests on completion obligations and liabilities of the contractor, such as carrying out the tests on completion in accordance with the contract, providing the test facilities and equipment, notifying and rectifying any failures or defects, etc. It also addresses the issues of retesting, delayed testing, and waiver of testing.
Employer's taking over
This section deals with the employer's taking over obligations and liabilities of the contractor, such as applying for a taking-over certificate from the engineer, completing any outstanding works, handing over the works to the employer, etc. It also addresses the issues of partial taking over, defects liability period, and performance certificate.
Defects after taking over
This section deals with the defects after taking over obligations and liabilities of the contractor, such as notifying and rectifying any defects or damage that appear during the defects liability period, providing the maintenance services, etc. It also addresses the issues of defects liability certificate, defects correction certificate, and failure to remedy defects.
Tests after completion
This section deals with the tests after completion obligations and liabilities of the contractor, such as carrying out the tests after completion in accordance with the contract, providing the test facilities and equipment, notifying and rectifying any failures or defects, etc. It also addresses the issues of retesting, delayed testing, and waiver of testing.
Variations and adjustments
This section deals with the variations and adjustments obligations and liabilities of the contractor, such as complying with the instructions of the engineer to vary the works, submitting proposals and quotations for variations, adjusting the contract price and time for variations, etc. It also addresses the issues of valuation of variations, provisional sums, daywork, and changes in legislation.
Contract price and payment
This section deals with the contract price and payment obligations and liabilities of the contractor, such as submitting applications for interim payments, issuing invoices and supporting documents, receiving payments from the employer, etc. It also addresses the issues of advance payment, retention money, securities, currency of payment, taxes and duties, delayed payment, and final payment.
Termination by employer
This section deals with the termination by employer obligations and liabilities of the contractor, such as complying with the notice of termination from the employer, stopping the works, handing over the site, etc. It also addresses the issues of grounds for termination, consequences of termination, and payment on termination.
Suspension and termination by contractor
This section deals with the suspension and termination by contractor obligations and liabilities of the contractor, such as complying with the notice of suspension or termination from the contractor, resuming the works, etc. It also addresses the issues of grounds for suspension or termination, consequences of suspension or termination, and payment on suspension or termination.
Risk and responsibility
This section deals with the risk and responsibility obligations and liabilities of the contractor, such as taking care of the works, indemnifying the employer, insuring the works, etc. It also addresses the issues of care of works, responsibility for design, indemnities, insurance, and limitations of liability.
Force majeure
This section deals with the force majeure obligations and liabilities of the contractor, such as notifying and mitigating any force majeure events, claiming extension of time or additional payment for force majeure events, etc. It also addresses the issues of definition of force majeure, consequences of force majeure, and optional termination for prolonged force majeure.
Claims, disputes and arbitration
This section deals with the claims, disputes and arbitration obligations and liabilities of the contractor, such as notifying and substantiating any claims, referring any disputes to the engineer for determination, appealing any determinations to the dispute avoidance/adjudication board (DAAB), referring any unresolved disputes to arbitration, etc. It also addresses the issues of claims procedure, engineer's determination, DAAB procedure, arbitration procedure, and waiver of sovereign immunity.
What are the benefits of using the FIDIC Yellow Book?
The FIDIC Yellow Book offers a number of benefits for both the employer and the contractor who use it for their construction projects. Some of these benefits are:
The FIDIC Yellow Book provides a balanced and fair allocation of risks and responsibilities between the parties
The FIDIC Yellow Book aims to achieve a balanced and fair allocation of risks and responsibilities between the parties, taking into account their respective roles, capabilities, and expectations. The FIDIC Yellow Book clearly defines the scope of work, the division of obligations, the allocation of risks, and the sharing of costs and benefits between the parties. The FIDIC Yellow Book also provides mechanisms for adjusting the contract price and time in case of changes or unforeseen circumstances.
The FIDIC Yellow Book promotes effective and proactive contract management and collaboration between the parties
The FIDIC Yellow Book promotes effective and proactive contract management and collaboration between the parties, by requiring them to communicate regularly, exchange information, consult each other, and cooperate in good faith. The FIDIC Yellow Book also assigns an important role to the engineer, who acts as the employer's representative and agent, but also as an impartial and fair adjudicator of disputes. The FIDIC Yellow Book also encourages the parties to use the dispute avoidance/adjudication board (DAAB) as a means of preventing and resolving disputes amicably and expeditiously.
The FIDIC Yellow Book incorporates best practices and international standards for construction projects
The FIDIC Yellow Book incorporates best practices and international standards for construction projects, by reflecting the current state of the art in engineering, design, construction, and project management. The FIDIC Yellow Book also covers various aspects of quality, safety, environment, social responsibility, ethics, and governance that are relevant for construction projects. The FIDIC Yellow Book also complies with the principles and guidelines of various international organizations and institutions, such as the World Bank, the European Union, the United Nations, etc.
The FIDIC Yellow Book facilitates the resolution of disputes through a multi-tiered mechanism involving the engineer, a dispute avoidance/adjudication board, and arbitration
The FIDIC Yellow Book facilitates the resolution of disputes through a multi-tiered mechanism involving the engineer, a dispute avoidance/adjudication board (DAAB), and arbitration. The FIDIC Yellow Book requires the parties to notify and substantiate any claims or disputes within a specified time limit, and to refer them to the engineer for determination. If either party is dissatisfied with the engineer's determination, it can appeal to the DAAB for a decision. If either party is dissatisfied with the DAAB's decision, it can refer the dispute to arbitration for a final and binding resolution. The FIDIC Yellow Book also provides for the possibility of obtaining interim or provisional relief from the DAAB or the arbitrator.
How to download the FIDIC Yellow Book 2019 PDF for free?
The FIDIC Yellow Book 2019 PDF is not available for free download from the official website of FIDIC or any other source
The FIDIC Yellow Book 2019 PDF is a valuable and authoritative document that contains the latest edition of the FIDIC Conditions of Contract for Plant and Design-Build. It is not available for free download from the official website of FIDIC or any other source, as it is protected by intellectual property rights and subject to a license agreement. Any unauthorized copying, distribution, or use of the FIDIC Yellow Book 2019 PDF is illegal and may result in legal action.
The FIDIC Yellow Book 2019 PDF can only be purchased from the official website of FIDIC or authorized distributors
The FIDIC Yellow Book 2019 PDF can only be purchased from the official website of FIDIC or authorized distributors, who are listed on the FIDIC website. The purchase process involves registering an account, selecting the language, format, and quantity of copies, and making the payment online. The FIDIC Yellow Book 2019 PDF will then be delivered to the email address provided by the purchaser within 24 hours.
The price of the FIDIC Yellow Book 2019 PDF varies depending on the language, format, and quantity of copies ordered
The price of the FIDIC Yellow Book 2019 PDF varies depending on the language, format, and quantity of copies ordered. The FIDIC Yellow Book 2019 PDF is available in English, French, Spanish, Portuguese, Russian, Chinese, Arabic, and Turkish languages. The format options are PDF or ePub. The quantity discounts are applied for orders of more than 10 copies. The current prices as of June 2023 are shown in the table below:
Language
Format
Price per copy (EUR)
English
120
English
ePub
120
French
120
French
ePub
120
Spanish
120
Spanish
ePub
120
Portuguese
120
Portuguese
ePub120
Russian
120
Russian
ePub
120
Chinese
120
Chinese
ePub
120
Arabic
120
Arabic
ePub120
TurkishPDF120Turkish ePub 120
Conclusion
The FIDIC Yellow Book 2019 PDF is a comprehensive and authoritative document that provides the conditions of contract for plant and design-build projects. It is suitable for projects where the contractor designs and builds the works, such as power plants, industrial plants, buildings, bridges, roads, etc. It offers a number of benefits for both the employer and the contractor, such as a balanced and fair allocation of risks and responsibilities, effective and proactive contract management and collaboration, incorporation of best practices and international standards, and facilitation of dispute resolution. However, the FIDIC Yellow Book 2019 PDF is not available for free download from the official website of FIDIC or any other source, as it is protected by intellectual property rights and subject to a license agreement. The FIDIC Yellow Book 2019 PDF can only be purchased from the official website of FIDIC or authorized distributors, at a price that varies depending on the language, format, and quantity of copies ordered.
FAQs
What is the difference between the FIDIC Yellow Book 2019 and the previous editions?
The FIDIC Yellow Book 2019 is the latest edition of the FIDIC Conditions of Contract for Plant and Design-Build, which was first published in 1999 and revised in 2017. The FIDIC Yellow Book 2019 introduces some significant changes and improvements to the previous editions, such as:
Clarifying and updating the definitions, interpretations, and rules of the contract
Enhancing the role and responsibilities of the engineer
Introducing new provisions on advance warning, programme, quality management, health and safety, environmental protection, etc.
Streamlining and simplifying the claims procedure
Expanding and refining the dispute resolution mechanism
Aligning the contract with the FIDIC Golden Principles
How to use the FIDIC Yellow Book 2019 for a specific project?
The FIDIC Yellow Book 2019 is intended to be used as a template or model that can be adapted to suit the specific needs and circumstances of each project. The FIDIC Yellow Book 2019 consists of two parts: Part 1 - General Conditions and Part 2 - Particular Conditions. Part 1 contains the general terms and conditions that are applicable to all projects. Part 2 contains the specific terms and conditions that are tailored to each project. The parties are free to modify or amend Part 2 as they see fit, provided that they do not contradict or undermine Part 1 or the FIDIC Golden Principles. The parties are also advised to consult with legal and technical experts before using or modifying the FIDIC Yellow Book 2019.
What are the FIDIC Golden Principles?
The FIDIC Golden Principles are a set of principles and guidelines that are intended to preserve the integrity and quality of the FIDIC contracts. They are derived from the FIDIC core values and objectives, such as fairness, transparency, professionalism, sustainability, etc. The FIDIC Golden Principles are as follows:
The duties, rights, obligations, roles and responsibilities of all the Contract Participants must be generally as implied in the General Conditions, and appropriate to the requirements of the project.
The Particular Conditions must be drafted clearly and unambiguously.
The Particular Conditions must not change the balance of risk/reward allocation provided for in the General Conditions.
The Particular Conditions must not limit or exclude any rights or remedies that are provided for in the General Conditions.
The Particular Conditions must not impose obligations on a Contract Participant that are impossible or unreasonable to perform.
Where can I find more information and guidance on the FIDIC Yellow Book 2019?
If you want to learn more about the FIDIC Yellow Book 2019, you can visit the official website of FIDIC at , where you can find various resources and publications, such as:
The FIDIC Yellow Book 2019 PDF itself, which you can purchase online
The FIDIC Guide to the Yellow Book 2019, which provides a detailed commentary and explanation of the clauses and provisions of the contract
The FIDIC Yellow Book 2019 User's Guide, which provides practical tips and advice on how to use and modify the contract for specific projects
The FIDIC Yellow Book 2019 Training Course, which provides an interactive and comprehensive training on the contract for both beginners and advanced users
The FIDIC Yellow Book 2019 Webinar Series, which provides an online platform for discussing and sharing insights and experiences on the contract with experts and practitioners
What are some alternatives to the FIDIC Yellow Book 2019?
If you are looking for alternatives to the FIDIC Yellow Book 2019, you may consider some of the following options:
The FIDIC Silver Book 2017, which is the Conditions of Contract for EPC/Turnkey Projects, suitable for projects where the contractor is responsible for engineering, procurement, construction, testing, commissioning, and handing over of the works
The FIDIC Red Book 2017, which is the Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer, suitable for projects where the employer designs the works and the contractor executes them
The NEC4 Engineering and Construction Contract (ECC), which is a standard form of contract for engineering and construction projects developed by the Institution of Civil Engineers (ICE), suitable for projects that require a high level of flexibility, collaboration, and innovation
The JCT Design and Build Contract 2016, which is a standard form of contract for design and build projects developed by the Joint Contracts Tribunal (JCT), suitable for projects that require a single point of responsibility for design and construction
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