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The FIDIC Suite of Contracts

assumes responsibility, subject to some


exceptions, for the accuracy of the Employers
Requirements which is a major difference to
usual design and build contracts.

Given the high level of risk transfer the


Employer must allow time sufficient time in its
procurement programme for the Contractor to
obtain and consider all relevant information
before signing the contract.

Not all risk is passed to the Contractor under


the Silver Book and the Employer still retains
risks for war, terrorism and Force Majeure.
Through the use of Particular Conditions it is
Silver Book possible for the Employer and Contract to
Conditions of Contract for agree alternative risk sharing arrangements
EPC/Turnkey Projects before entering into the Contract.
First Edition 1999
Following award of a project under the Silver
Book the Contractor will be given freedom to
Contents of Contract Book carry out the work in his chosen manner,
 General Conditions provided the end result meets the
 Guidance for the Preparation of the performance criteria specified by the
Particular Conditions Employer. Consequently, the Employer should
 Forms of Tender and Contract Agreement only exercise limited control over the
 Dispute Adjudication Agreement Contractor’s work.

The Silver Book is suitable for use on process, There is no reference to an Engineer in the
power and private-infrastructure projects Silver Book. This is because the Employer’s
where a Contractor is to take on full reduced influence on the engineering
responsibility for the design and execution of generally. Checking of engineering is more
a project. Risks for completion to time, cost concentrated on validating the end-
and quality are transferred to the Contractor performance and validating the potential ease
and so the Silver Book is only suitable for use of operation, maintenance and spares.
with experienced Contractors familiar with
sophisticated risk management techniques. The Silver Book provides conditions relating to
‘Tests on Completion’ and Taking Over only
For many large projects construction is only takes place after successful completion of the
one part of a wider complicated commercial tests. Such provisions are important for
venture and financial or other failure of the EPC/Turnkey projects where the purpose of
construction project will jeopardize the whole the contract is to provide the Employer with a
venture. The Silver Book approach may suit working facility.
such projects as it will provide a greater level
of cost certainty than can be achieved under Guidance is provided for the preparation of
the more traditional forms of the FIDIC suite. Particular Conditions should it be necessary to
modify the General Conditions.
To obtain this increased cost certainty the
Silver Book requires the Contractor to accept As with the other FIDIC contracts the Silver
a higher level of risk than is typical under Book contains various forms of security and
most other forms of contract. The Silver Book concludes with example forms for the Letter
transfers the risk of ground conditions to the of Tender, the Contract Agreement, and a
Contractor. Similarly the Contractor also Dispute Adjudication Agreement.

m ak ing the d if f eren ce

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